PARESHJI VALAJI THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appeal is preferred against judgment and order dated 8/11/2001 convicting the appellant for offences punishable under sections 498-A and 306 of the Indian Penal Code [ipc] passed by the Ld. Addl. Sessions Judge, Ahmedabad [rural] at Gandhinagar in Sessions Case No. 39/2000. The appellant was sentenced to undergo rigorous imprisonment for a period of 8 years for the offence punishable under section 306 and to pay fine of Rs. 1,000/-, in default to undergo simple imprisonment for 3 months. The appellant was further ordered to undergo rigorous imprisonment for 1 year and to pay fine of Rs. 1,000/-, in default to undergo simple imprisonment for 3 months for the offence punishable under section 498-A of the IPC.

(2.) THE case of the prosecution against the appellant and co-accused Vajaji Dayaji, Ishaben, wife of Vajaji Dayaji and Arvind alias Govindji Vajaji Thakore, was that the appellant Pareshji was married to Sajjanben about 4 years prior to the incident. The appellant maintained illicit relations with another lady, to which his wife Sajjanben objected. Sajjanben also complained of this relationship to other accused persons, but none of the accused persons paid any heed to her objection and contrarily meted-out physical and mental cruelty to her. The appellant did not even talk to his wife Sajjanben and, therefore, on 24/7/1999 Sajjanben committed suicide by setting herself ablaze after pouring kerosene at about 9. 30 a. m. , at their residence at village Shertha.

(3.) AN FIR was registered by the deceased [exh. 33] making the above allegations, on basis of which offence was registered and investigation started. During the course of investigation, dying declaration of the deceased was also recorded. The deceased, however, while under treatment, succumbed to the burn injuries and, therefore, the appellant along with 3 others came to be charge-sheeted.