KAMLABEN WD O MANILAL N NAI Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of conviction and sentence dated 9. 7. 1993 passed by the learned Addl. City Sessions Judge, Court No. 20, Ahmedabad by which the learned Sessions Judge convicted the present appellant-accused No. 1 for the offences punishable under section 498a and 306 read with section 114 of IPC in Sessions Case No. 133 of 1990 whereby the appellant-Kamlaben was sentenced to suffer simple imprisonment for six months, in default, 3 months simple imprisonment for both the offences and also sentenced to pay fine of Rs. 250/- for each offences. Both the substantive sentences were ordered to run concurrently. However, original accused No. 2 was acquitted of the charges by the trial court.

(2.) THE State has preferred Appeal being Criminal Appeal No. 1002 of 1993 for enhancement of the sentences which was admitted by the Division Bench of this Court by its order dated 28. 3. 1994. The said appeal is also heard along with the Criminal Appeal No. 988 of 1993. The facts necessary for disposal of the present appeal are briefly stated hereunder:

(3.) ACCUSED No. 1-Kamlaben, widow of Manilal Narsihbhai Nai is mother of accused No. 2 and mother-in-law of deceased Shilpa. Accused No. 2 is brother of the husband of the deceased. The appellant and her elder son were residing on the ground floor in a house in Sadumatani Pole, Shahpur, Mota Bharvado, Ahmedabad. Deceased Shilpa and her husband were residing on the first floor of the said house. It is alleged that the marriage of deceased Shilpa with PW 1, Mukesh Manilal Nai had taken place 4 years back before the incident took place. It is alleged that accused No. 1, mother-in-law of the deceased always picked up quarrels with deceased Shilpa on household work. On one occasion accused no. 2 had assaulted the deceased and the deceased ran away from the house. That on 12. 6. 1989, when accused No. 1 came on the terrace for drying clothes, as usual she quarreled with Shilpa and accused No. 2 also joined accused No. 1 in quarreling with the deceased. On that day, at about 8 a. m. , when the accused No. 1 went to the terrace and quarreled with the deceased, abused her and asked her to leave the house. Because of this mental torture, at night, deceased Shilpa poured kerosene on herself and set her ablaze. The husband of the deceased and the other son and accused No. 1, Kamlaben were present at that time. The deceased was taken to V. S. Hospital by accused No. 1 Kamalaben and others, where a complaint was lodged before the Police Inspector, Shahpur police station. On the basis of the complaint, offence was registered as CR. I No. 107 of 1989 under section 498a of IPC and necessary investigation also started. Her dying declaration was recorded by the Executive Magistrate, Mr Laxman Keshavlal Parghi. On the next day, at about 6. 10 a. m. , Shilpa died and therefore, offence under section 306 of IPC was added.