MUSTAQBHAI ABUBHAI PATHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant Mustaqbhai Abubhai Pathan preferred this appeal challenging the legality and validity of the impugned judgment and order recording the conviction of the appellant accused for the offences punishable under Sections 498 A and 306 of the Indian Penal Code ('ipc', for short) rendered by Presiding Officer, Fast Track Court No. 4, Morbi ('learned trial Judge', for short) on dated 13. 6. 2005 in Sessions Case No. 48 of 2003. The learned trial Judge awarded rigorous imprisonment for 3 years and fine of Rs. 3000/-, in default to undergo simple imprisonment for 3 months for the offence punishable under Section 498 A of the IPC and rigorous imprisonment for 10 years and fine of Rs. 10000/-, in default to further undergo simple imprisonment for 6 months for the offence punishable under Section 306 of the IPC.

(2.) THE prosecution case in nutshell is as under:-Deceased Hamidaben married the appellant accused before about 4 years and 6 months from the date of the incident. The incident occurred on dated 25. 8. 2003 at about 23. 45 hours. As per the prosecution case, deceased Hamidaben was subjected to physical and mental cruelty by her husband, the accused. When the cruelty meted out to Hamidaben became beyond any tolerance, she set herself on fire and committed suicide. In connection with this incident, Zeenatben Yarmahmad, mother of deceased Hamidaben lodged the FIR before police and the police registered the offence and commenced the investigation. Statements of material witnesses were recorded and necessary panchnamas were prepared in presence of Panchas. After receiving the postmortem report of the deceased, the police filed chargesheet in the Court of learned Additional Chief Judicial Magistrate, Morbi against the accused. As the offence punishable under Section 306 of the IPC was exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Court of Sessions, Morbi.

(3.) THE learned trial Judge framed charge against the accused for the offences punishable under Sections 306 and 498 A of the IPC at Exh. 1 to which the accused did not plead guilty and claimed to be tried. In the result, the prosecution adduced its oral and documentary evidence. After the conclusion of the prosecution evidence, the learned trial Judge recorded further statement of the accused under Section 313 of the Code of Criminal Procedure. In his further statement, the accused generally denied all the allegations levelled against him by the prosecution and stated that he was falsely implicated in this case. As a matter of fact, deceased Hamidaben sustained accidental burns. That before Police Officer, his wife deceased Hamidaben stated that accidentally she sustained burn injuries. Appreciating oral and documentary evidence on record and considering the arguments advanced on behalf of both the sides, the learned trial Judge delivered the impugned judgment and order and convicted the accused for the offences punishable under Sections 306 and 498 A of the IPC and awarded sentence as hereinabove referred.