STATE OF GUJARAT Vs. LALJIBHAI AMBABHAI CHAUHAN

JUDGEMENT

(1.) Present appeal, under Section 377 of the Criminal Procedure Code, 1973 (for brevity, 'the Code'), filed by the State for enhancement of sentence, is directed against the judgment and order dated 20/12/2000, passed by the learned Additional Sessions Judge, Jamnagar, in Sessions Case No. 130 of 1997, whereby, the respondent herein original accused came to be convicted for the offences punishable under Sections 498A and 306 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and for the offence punishable under Section 498A of the IPC, he was sentenced to undergo imprisonment for two years and a fine of Rs.200/ and in default of payment of fine, to undergo further simple imprisonment for two months and for the offence punishable under Section 306 of the IPC, he was sentenced to undergo imprisonment for three years and a fine of Rs.300/ and in default of payment of fine, to undergo, further simple imprisonment for three months. Both the sentences were to run concurrently. For the sake of convenience, the parties are, hereinafter, referred to as per their original status.

(2.) Brief facts of the prosecution case are that prior to four ­ five months of the date of the incident in question i.e. 18/08/1997, the accused and deceased Nanduben started residing together as husband and wife. However, thereafter, the accused allegedly started giving physical and mental torture to the deceased keeping suspicion about her character. On the day of incident i.e. 18/08/1997 at about 6:00 p.m. also, the accused allegedly harassed and tortured the deceased on the aforesaid count and hence, as the deceased being fed up of that, took the extreme step and committed suicide by pouring kerosene and set her ablaze. The accused, thereby, committed the offence alleged against him, for which a complaint came to be lodged.

(3.) Heard Mr. K. L. Pandya, the learned Additional Public Prosecutor for the State and Mr. P. B. Khambholja, the learned advocate for the respondent accused.