CHEHRAJI CHHAGNAJI KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appeal is filed by the accused of Sessions Case No. 35 of 1996 of the Court of Id. Addl. Sessions Judge, Banaskantha District, at Palanpur, who held the accused guilty for the offences punishable under Secs. 306 and 498A, both of IPC, by judgment dated 13.8.1996. The Id. Judge was pleased to convict the accused and imposed sentence of four years' RI for the offence under Sec. 306 of IPC and one year's RI for the offence under Sec. 498A and both the sentences were treated to run concurrently.

(2.) At the time when the appeal came for admission, looking to the case papers of deceased Mafiben, wife of the accused, a serious question arose as to the reliability of the dying declaration at Exh. 14. As could be seen later on in this judgment, the said order of conviction is based solely on the said dying declaration at Exh. 14.

(3.) This situation came about because, the allegation of cruelty levelled against the accused by the prosecution could not be substantiated to the testimony of either the father, PW. 5 Becharji Hemtabhai Thakor or the brother of deceased, PW. 4 Meruji Becharji, respectively at Exhs. 25 and 24.