ASHOKSINH KHODAJI JADEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As the common judgment and order is under challenge in the present appeals, they have been heard together and being decided by this common judgment and order.

(2.) Present appeals assail the judgment and order dated 08/02/1999, passed by the learned Additional Sessions Judge, Mahesana in Sessions Case No. 245 of 1996, whereby, while acquitting original accused Nos. 4, 5 and 6 of all the charges levelled against them and original accused Nos. 1, 2 and 3 from the charge for the offence punishable under Section 306 of the Indian Penal Code, 1860 (for brevity, 'the IPC'), the original accused Nos. 1, 2 and 3 came to be convicted for the offence punishable under Section 498 -A r/w. 114 of the IPC and sentenced to undergo rigorous imprisonment for one year and a fine of Rs.500/ - each and in default of payment of fine, to undergo further simple imprisonment for one month. Accordingly, Criminal Appeal No. 237 of 1999 has been filed by the original accused Nos. 1, 2 and 3 against conviction; Criminal Appeal Nos. 216 of 1999 has been filed by the State against original accused Nos. 1, 2 and 3 for enhancement of sentence awarded to them, whereas, Criminal Appeal No. 217 of 1999 has been filed by the State against all the accused against acquittal, as aforesaid.

(3.) Filtering the unnecessary details, facts of the prosecution case are that prior to about one year of the incident, marriage of the deceased daughter of the complainant and the original accused No. 1 was solemnized. They were residing in a joint family. It is alleged that after the marriage, the accused started demanding dowry and for that, taunting her, and in aid and abetment of each other, physically and mentally torturing her. When the same became unbearable, on 01/06/1996, at about 5:00 p.m. at her matrimonial, the deceased committed suicide by setting her ablaze by pouring kerosene. Thereby, the accused committed the alleged offence, for which a complaint for the offences punishable under Sections 498 -A, 306 and 114 of the IPC came to be lodged against them.