DEVSIBHAI MAVJIBHAI VEKARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellants - original accused have preferred this appeal under Section 374 of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 15.7.2006 passed by the learned Presiding Officer, Sixth Fast Track Court, Gondal, Camp at Jetpur, in Sessions Case No.127 of 1999, whereby, the learned Judge has convicted the accused for the offence punishable under Section 498?A read with Section 14 of the Indian Penal Code and sentenced each of them to undergo R.I. for 02 years and to pay a fine of Rs.2000/?, in default, to undergo further S.I. for 03 months. The accused persons are also convicted for the offence punishable under Section 306 read with 114 of the Indian Penal Code and each of them is to undergo R.I. for 03 years and to pay a fine of Rs.5000/?, in default, to undergo further S.I. 06 months. The learned Judge has ordered that substantive sentences are to run concurrently.

(2.) The brief facts of the prosecution case are as under: The present incident has happened on 8.8.1999 at about 9:00 a.m. in the house of the appellants situated in the area of Trakudipara, Sheri No.18 in Jetpur Town. In this incident one Ritaben, who was wife of appellant No.5 and daughter?in?law of appellant Nos.1 and 2 alongwith her minor son Paras @ Munna aged about 02 years sutained burn injuries and ultimately they succumbed to the injuries. The deceased Ritaben first set on fire her son Paras and thereafter she sprinkled kerosene on herself and set herself on fire and thereby committed suicide. The deceased Ritaben was subjected to mental cruelty by the appellants - accused as she was not doing agriculture work. The marriage of deceased Ritaben and appellant No.5 was solemnized four years prior to the date of incident. The complainant Premjibhai Lalabhai Ramolia is father of deceased Ritaben. It is the case of the prosecution that on 8.8.1999 during morning hours when the complainant Premjibhai was present at his Vadi alongwith his two sons at Village : Dudhivadar, Taluka : Jamkandorna, Dist. Rajkot, two persons viz. Parshottambhai and Lakhmanbhai came there at Jetpur in a taxi and informed the complainant that his daughter has sustained burns injuries and, therefore, the complainant went to his house in the village and informed his wife Jayaben and his elder daughter Bhavnaben and, thereafter, all these persons viz. the complainant Premjibhai, his uncle Mepabhai, his wife Jayaben and his elder daughter Bhavnaben came to Jetpur and went to the house of appellants, where the complainant came to know that deceased Ritaben and her son Paras @ Munno have been taken to Government Hospital at Jetpur and, therefore, all these persons went to Government Hospital at Jetpur, where they came to know that Rita and Munno have succumbed to the injuries and dead bodies were lying in the postmortem room.

(3.) Thereafter, investigation was carried out and statements of several witnesses were recorded. During the course of investigation, accused persons were arrested and, ultimately, charge?sheet came to be filed against them in the Court of learned Magistrate. As the case was sessions triable the same was committed to the Court of Sessions.