SHYAMLAL LALBHAI KEVAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this appeal, the appellants-original-accused have challenged the judgment and order dated 12th July 1996 passed by the learned Additional Sessions Judge, Ahmedabad in Sessions Case No.246 of 1992.

(2.) As emerging from the charge, Ex.2, framed by the learned Judge, prosecution case was that appellant No.1, accused No.1, Shyamlal was the father-in-law of deceased Mamta. Accused No.2, appellant No.2 was the brother-in-law of the deceased and husband of complainant Savitri and accused No.3 was the husband of the deceased. Deceased Mamta and Savitri are real sisters married to appellant Nos.3 and 2 respectively who are real brothers. Marriage took place on 22nd June 1991. On 4.4.92, Mamta committed suicide by hanging herself in her matrimonial home. This, according to the prosecution, was on account of the dowry demands and mental and physical torture meted out to her by the accused.

(3.) Though charge framed against the appellants was under section 304-B of the Indian Penal Code besides under sections 498-A and 306 of the Indian Penal Code, learned Additional Sessions Judge was pleased to convict the appellants only under section 306 and 498-A of the Indian Penal Code. He sentenced the appellants to undergo rigourous imprisonment for a period of 5 years and 2 years respectively for the said offences. He also imposed fine of Rs.500/- each for the separate offence.