JAGDISH MANGILAL SARGARA (MARWADI) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal is directed against the judgment and order of conviction dated dated 21/01/2009, passed by the learned Additional Sessions Judge, Fast Track Court No. 4, Vadodara, in Sessions Case No. 127 of 2008, whereby, the appellants herein original accused came to be convicted for the offences punishable under Sections 498A, 306 and 114 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and for the offence punishable under Section 498A of the IPC, they were sentenced to undergo rigorous imprisonment for three years and a fine of Rs.200/ each and in default of payment of fine, to undergo further rigorous imprisonment for three months and for the offences punishable under Section 306 and 114 of the IPC, they were sentenced to undergo rigorous imprisonment for ten years and a fine of Rs.200/ each and in default of payment of fine, to undergo, further rigorous imprisonment for two months.

(2.) Brief facts of the prosecution case are that prior to four months of the date of incident i.e. 15/01/2008, the accused No. 1, a resident of Vadodara, used to quarrel with his deceased wife ­ Indiraben Jagdishbhai Sargara (Marwadi) after consuming liquor, every now and then, which was abetted by the accused Nos. 2 and 3 and thereby, they all were causing harassment and torture to the deceased. When the same became unbearable, on the unfortunate day of 15/01/2008, between 9:15 a.m. and 10:45 a.m., the deceased committed suicide by hanging herself with a dupatta tied on a fan and thereby, the accused committed the offence alleged against them, for which a complaint came to be lodged.

(3.) Heard learned advocate Ms. Nisha Mishra for Mr. Gajendra P. Baghel, learned advocate for the appellants ­ accused and Ms. Reeta Chandarana, learned Additional Public Prosecutor, for the respondent State.