MUNESH @ MUNNO BHURABHAI DEVIPUJAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal, under Section 374 of the Code of Criminal Procedure, 1973 ((for brevity, 'the Code'), filed by the appellant original accused No. 1, is directed against the judgment and order dated 23/10/2007 passed by the learned Presiding Officer, Fast Track Court No. 10, Morbi in Sessions Case No. 19 of 2007, whereby, while acquitting the original accused Nos. 2 and 3, the learned trial Judge was pleased to convict the appellant herein original accused No. 1 for the offence punishable under Sections 302 and 498A of the Indian Penal Code, 1860 (for brevity, 'the IPC') and for the offence punishable under Section 302 of the IPC, he was sentenced to life imprisonment and a fine of Rs.10,000/ and in default of payment of fine, to undergo further simple imprisonment for six months and for the offence punishable under Section 498A of the IPC, to undergo rigorous imprisonment for one year and a fine of Rs.2,000/ and in default of payment of fine, to undergo further simple imprisonment for two months.

(2.) Brief facts of the prosecution case are that marriage of deceased Savita and original accused No. 1 had been solemnized before about five months of the incident in question. Allegedly, it was the case of the prosecution that the accused No. 1 was used to drink liquor and thereafter, was giving physical and mental torture to the deceased. The original accused Nos. 2 and 3 were also taunting the deceased on the ground of household works and instigating the accused No. 1 against the deceased. On 23/11/2006, the deceased and the accused No. 1 had a quarrel as the deceased had not cooked and hence, the accused No. 1 beat the deceased with a stick due to which, she sustained serious injuries and ultimately, succumbed to the injuries. Thus, the accused committed the alleged offence for which, complaint came to be lodged against the accused for the offence punishable under Sections 302 and 498A r/w. 114 of the IPC.

(3.) We have heard Mr. Zubin F. Bharda, learned advocate for the appellant original accused No. 1 and Ms. C. M. Shah, learned Additional Public Prosecutor, for the State.