DADU KASAM SEDAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal, under section 374 of the Code of Criminal Procedure, 1973 (for brevity, 'the Code') is directed against the judgment and order dated 13/03/2000, passed by the learned Sessions Judge, Jamnagar, in Sessions Case No. 111 of 1993, whereby, while acquitting the appellants ­ original accused for the offence punishable under Section 305 of the Indian Penal Code, 1860 (for brevity, 'the IPC'), they have been convicted for the offence punishable under Section 306 of the IPC and sentenced to undergo rigorous imprisonment for five years and fine of Rs.500/ each and in default of payment of fine, to undergo, further simple imprisonment for three months.

(2.) Facts in nutshell of the prosecution case are that on 29/07/1989 at about 12:00 p.m. at village: Bedi, when the complainant was sitting outside her house, the appellants herein ­ original accused, in aid and abetment of each other, allegedly in furtherance of their common intention, made illicit demand to the deceased complainant and threatened her to kidnap if she would deny. Due to the said threat, the complainant committed suicide by setting her ablaze by pouring kerosene. Thus, the appellants ­ accused committed the offence alleged against them, for which, a complaint came to be lodged for the offences punishable under Sections 305, 34 and 114 of the IPC. For the sake of convenience, the parties are referred as per their original status.

(3.) Heard learned advocate Ms. Dhwani Lakhani for Mr. P. M. Lakhani, the learned advocate for the appellants ­ original accused and Mr. K. L. Pandya, the learned Additional Public Prosecutor for the respondent ­ State.