GOVINDBHAI HARIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal arise out of the judgment and order dated 9th January, 1997 rendered by the learned Additional Session Judge, Mehsana in Sessions Case No.237 of 1995.

(2.) The appellant, herein, was original accused who was by the impugned judgment convicted for offence punishable under Section 498(A) of the Indian Penal Code as well as Section 306 of the Indian Penal Code. He was sentenced to undergo rigorous imprisonment for a period of two years and to pay fine of Rs.500/- as well as to undergo rigorous imprisonment for a period of seven years and to pay fine of Rs.1,000/- respectively, for the said offences. Substantive sentences were, however, made concurrent.

(3.) It is not in dispute that wife of the appellant Lakshmi died unnatural death on 16.06.1995. From the charge Exhibit-7 framed by the learned trial Judge it can be seen that the case of the prosecution was that the appellant used to regularly beat his wife Lakshmi saying that I don't like you and why don't you burn yourself. He had thereby committed offence punishable under Section 498(A)of the Indian Penal Code. It was further alleged that Lakshmi committed suicide sometime on 16.06.1995 and her dead body was found at Police Parade Ground, Mehsana. Lakshmi committed suicide by consuming poison on account of the daily beating and taunting by the appellant.