JITENDRA NATWARLAL BHAVSAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is at the instance of appellants - original accused, in an Appeal under Section 374 of the Code of Criminal Procedure and is directed against an judgment and order dated 22.5.2000 passed by the learned Principal Judge, City Civil and Sessions Court, Ahmedabad, in Sessions Case No.148 of 1997, by which learned Sessions Judge has convicted the appellants - accused and has ordered to undergo sentence of 1 year rigorous imprisonment and to pay a fine of Rs.250/- each, in default, to further undergo rigorous imprisonment for one month, for the offence punishable under Section 498(A) of the Indian Penal Code. Learned Sessions Judge has further ordered the appellant Nos. 1 to 3 to undergo the sentence of 5 years rigorous imprisonment and to pay a fine of Rs.250/- each, in default, to further undergo rigorous imprisonment of one month, for the offence punishable under Section 306 and 114 of the Indian Penal Code and for the appellant No.4, to undergo sentence of 2 years and 9 months rigorous imprisonment and to pay fine of Rs.250/-, in default, to further undergo one month rigorous imprisonment. All the sentences shall run concurrently.

(2.) Brief case of the prosecution is that the deceased Sushmaben was married with accused No.1 before three years from the incident. The accused Nos.2 and 3 are the father and mother and the accused No.4 is sister of the accused No.1. As per the case of the prosecution, after the marriage, Sushmaben was treated well and thereafter, she was harassed by the accused, even she was scolded for having brought less dowry and she was ill-treated and therefore, she committed suicide on 14.9.1996 at about 10 O'clock a.m. at her residence i.e. Satyam Flats, Bapunagar, Ahmedabad. It is also case of the prosecution that after the marriage, Sushmaben resided with her husband i.e. accused No.1 and her in-laws were resided at Palanpur. It is also the case of the prosecution that on 14.9.1996, when the deceased committed suicide by pouring kerosene on herself, the accused No.1 i.e. her husband was already at home and tried to save her and therefore, he also sustained burn injury. Thereafter, the accused No.1 took the deceased at the Civil Hospital, where the complaint was given by the deceased, which was recorded by the Police Inspector, Bapunagar Police Station. Thereafter, the deceased succumbed to the injuries at about 3:00 p.m. The police registered the offence and arrested the accused and after due investigation charge-sheeted the accused for the aforesaid offences. The accused pleaded not guilty to the charge and claimed to be tried.

(3.) The prosecution has also produced documentary evidence on record, which are as under: