FAROOQBHAI SATARBHAI MEMON Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeals are directed against the judgment and order dated 30/06/2011, passed by the learned Sessions Judge, Banaskantha @ Palanpur, in Sessions Case No. 68 of 2009, whereby, the 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 306 of the IPC, he was sentenced to undergo rigorous imprisonment (RI) for three years and a fine of Rs.5,000/ and in default of payment of fine, to undergo further simple imprisonment (SI) for 30 days and for the offence punishable under Section 498A of the IPC, to under go RI for one year and a fine of Rs.500/ and in default of payment of fine, to undergo further SI for 07 days. Accordingly, Criminal Appeal No. 892 of 2011 has been filed by the original accused against conviction, whereas, Criminal Appeal No. 1211 of 2011 has been filed by the State for enhancement of sentence.

(2.) Filtering the unnecessary details, the facts of the prosecution case are that marriage of deceased Afiyaben, the sister of complainant Jabirbhai Shermohammad Memon had solemnized with Farooqbhai Satarbhai Memon, the accused. It is alleged that on or about 27/12/2006, the accused had demanded a tractor and a shop from the complainant, the brother of the deceased and since, the said demand was not fulfilled, he perpetrated cruelty upon the deceased, which led the deceased to commit the suicide by setting herself ablaze by pouring kerosene. The accused, thus, committed the offence alleged against him, for which a complaint came to be lodged.

(3.) Heard Mr. Pratik Barot, the learned advocate for the appellant - accused and Mr. K. L. Pandya, the learned Additional Public Prosecutor, for the State.