NARANBHAI A CHAUDHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Though there are two appeals, in fact, there is only one appeal required to be dealt with by us at present. Criminal Appeal No.335 of 1992 was filed by a lawyer appearing on behalf of the accused. He subsequently, did not pursue the same and in the meantime, Criminal Appeal No.247 of 1992, being Jail Appeal, was already admitted and it was assigned to L.A. Shri K.G.Sheth of this Court to appear on behalf of the accused. L.A. Mr.K.G.Sheth drew our attention to the salient features, which, according to him, should clinch the matter in favour of the accused-appellant.

(2.) The case of the prosecution is that on 19-1-1991, accused no.1, who was the father-in-law of the deceased Bhadrikaben had strangulated her with an electric wire by giving 3-4 twists and thereby breaking the bronchial track, as also hyoid bone. The reason for the aforesaid dastardly deed was, according to the prosecution, demand of dowry. According to Mr.Sheth, the case of dowry has been given up by the prosecution completely in the course of trial. No doubt, it finds mention in the charge framed at Exh.2.

(3.) As the marriage was of the duration of 3 years or more, if the case of dowry was established, naturally, the amended provisions of the Indian Evidence Act would come into play. However, that being not the position, as we will later on see, it would not detain us further . In fact, the accused have been acquitted by the learned Additional Sessions Judge of the charge under Sec.498-A of Indian Penal Code. In Sessions Case no.172 of 1991, said learned Judge has, however, believed the case of the prosecution that the deceased was in fact, strangulated in the aforesaid manner by accused no.1 with the connivance and active assistance of accused no.3, the husband. Imprisonment of life has been awarded and for offence under Sec.201 read with Sec.34 of Indian Penal Code, R.I. for 3 years has been awarded and on both, final of Rs.150.00 has been imposed and in default thereof, the respective accused to undergo simple imprisonment for 15 days.