RATHOD SHAKTISINH KANUBHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeals are directed against the judgment and order dated 29/08/2000, passed by the learned Additional Sessions Judge, Mahesana, camp at: Patan in Sessions Case No. 203 of 1999, whereby, while acquitting original accused Nos. 2 to 5 from the charges levelled against them, the original accused No. 1, the appellant of Criminal Appeal No. 987 of 2000, came to be convicted for the offence punishable under Section 304 Part (II) of the Indian Penal Code, 1860 (for brevity, 'the IPC') and sentenced to undergo rigorous imprisonment for four years and a fine of Rs. 1 lakh and in default of payment of fine, to undergo further rigorous imprisonment for one year. Accordingly, Criminal Appeal No. 987 of 2000 has been filed by the original accused No. 1 against conviction, whereas, Criminal Appeal No. 964 of 2000 has been filed by the State against acquittal of original accused Nos. 1 to 4 for the offence punishable under Sections 302, 304-B, 498-A and 114 of the IPC.

(2.) Brief facts of the prosecution case are that marriage of deceased Arunaben and original accused No. 1 - Rathod Shaktisinh Kanubha was solemnized on 12/12/1998. It was the case of the prosecution that after the marriage, the deceased was being physically and mentally harassed for want of dowry, which the deceased could not fulfill and hence, all the accused, who happened to be the husband and the in-laws of the deceased, on 4-5/03/1999 between 21:00 and 6:00 hours, done the deceased to death by strangulation at her matrimonial house itself and thereby, committed the offence under various sections of the IPC as well as of the Dowry Prohibition Act, for which a complaint came to be lodged against them.

(3.) We have heard Mr. Y.S. Lakhani, learned senior advocate for the appellant - original accused No. 1 and Mr. Hardik Soni, learned Additional Public Prosecutor, for the State.