NIRANJANKUMAR CHHAGANLAL MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant has challenged the judgment and order of conviction and sentence passed on 28/8/2003 by Additional Sessions Judge, Valsad in Sessions Case No.125/2002 (Old Sessions Case No.122/1997), whereby appellant - accused came to be convicted under Sec. 498A of Indian Penal Code (for short 'IPC') and was ordered to undergo two years rigorous imprisonment and fine of Rs.1,000.00 was ordered with default stipulation that in failure to pay the fine amount, further three months simple imprisonment. While under Sec. 306 I.P.C., seven years rigorous imprisonment with fine of Rs.1,000.00 and in failure to pay the fine amount, further three months simple imprisonment.

(2.) The charge (Exh.3) was framed on 17/1/2003 by the learned Sessions Judge (Fast Track Court), Valsad against the appellant referring that the marriage between the accused and deceased-Rita was solemnised on 12/5/1994 and thereafter both were residing together as husband and wife at Dungri village, and during the subsistence of matrimonial life, the appellant-accused subjected his wife Rita to such physical and mental cruelty likely to drive her to commit suicide or to cause grave injury to herself and thus committed offence under Sec. 498A IPC.

(3.) Learned advocate Mr. H.B. Shethna for the appellant submitted that the complainant (P.W.2), his daughter (P.W.3) and his wife (P.W.4), all as parents and sister of deceased were consistent in their say that accused was beating deceased only under the influence of drink, otherwise he was treating her very well and even her parents-in-law were treating her very well, as if she was their daughter.