HARISHBHAI HAKMAJI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge is made to the judgment and order dated 29.11.2005 passed by learned Presiding Officer and Additional Sessions Judge, Ahmedabad (Rural), Ahmedabad in Sessions Case No. 179 of 2004 in this appeal whereby learned Sessions Judge has been pleased to convict the accused No. 1 and imposed the sentence upon him to undergo life imprisonment and fine of Rs. 2,000/- in default, two months SI for the offences punishable under sections 302 read with section 114 of IPC, accused No. 1 is also ordered to undergo rigorous imprisonment for one year and fine of Rs. 1000/-, in default, two months simple imprisonment for offence punishable under section 498-A read with section 114 of IPC and ordered to run all the sentences concurrently.

(2.) The broad facts of the case are that the marriage of Ashaben - daughter of the complainant took place with accused No. 1 in 1999. It is the case of the prosecution that after keeping good relation for one year with the daughter of the complainant by the accused and his relatives, they started giving mental torture and physical harassment by raising quarrel on trivial issues. It is alleged that the accused and his relatives also started taunting the daughter of the complainant. It is also alleged that the wife of the complainant received phone call on 5.7.2004 that Asha had sustained burnt injuries and she had been admitted in V.S. Hospital and during the course of the medical treatment, Asha - daughter of the complainant died on 8.2004. Ultimately, the complainant lodged the complaint.

(3.) On the basis of the said complaint, FIR bearing CR No. I - 178 of 2004 came to be registered before the Sola Police Station. In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the accused. As the case was exclusively triable by the court of sessions, the same was committed to the Court of Sessions, Ahmedabad (Rural). The charge was framed against the accused vide Exh. 12. The accused pleaded not guilty to the charge and claimed to be tried. To prove the case against the accused, the prosecution has examined the following 20 witnesses.