ABDUL SALIM GULAMNABI DIWAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE Appellant ("the accused" for short) was charged and tried by the learned Additional Sessions Judge, Bharuch, for commission of the offences punishable under Sections 498A and 306 of the Indian Penal Code ("IPC" for short) in Sessions Case No. 190 of 1994 on the accusation that he inflicted mental and physical cruelty to his wife - deceased Suman, and abetted her to commit suicide.

(2.) AT the end of the trial, as the accused was found guilty of the offence with which he was charged, he was convicted vide judgment and order dated 29.05.2002 for commission of the offence punishable under Section 498A and 306 IPC, and was sentenced to suffer RI for 10 years and fine of Rs.1000/ - i.d. RI for one month for the offence punishable under Section 306 IPC, and RI for 2 years and fine of Rs.500/ - i.d. RI for 15 days for the offence punishable under Section 498A IPC. It is also ordered that both the sentences shall run concurrently.

(3.) THE accused, aggrieved by the said order of conviction and sentence, has filed this Criminal Appeal with the aid of Section 374 of the Criminal Procedure Code, 1973 ("the Code" for short). The prosecution case as disclosed from FIR and unfolded during trial is as under.