KALUMIYA FAKIRMAMAND Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment and order dated 29/8/1996 rendered by the Ld. Addl. Sessions Judge, Sabarkantha at Himatnagar in Sessions Case No. 98/1995. The appellant original accused came to be convicted by the Ld. Addl. Sessions Judge for the offences punishable under sections 306, 498-A and 201 of the Indian Penal Code [ipc]. He was sentenced to undergo imprisonment for 6 years, 1 year and 6 months and 1 year respectively for the aforesaid offences.

(2.) IT is reported that the appellant accused has served the sentence and on completion of sentence he was released from jail on 24/2/1999.

(3.) LD. Advocate Mr. PD Shah for the appellant is not present when the appeal is called out. Heard Ld. APP Mr. Patel for the respondent State. We have carefully perused the impugned judgment together with the relevant evidence on record. Considering the evidence on record and appreciation of said evidence made by the Ld. Addl. Sessions Judge in the impugned judgment, it clearly transpires that the deceased Mumtaz married the appellant before about 5 years from the date of incident. Because of the ill-treatment and cruelty caused to her by the appellant, she committed suicide on 19/6/1995 at 10. 00 a. m. , in the house of the appellant. The case of the prosecution is supported by oral depositions of father, mother, brother of the deceased as well as the neighbours. The Ld. Addl. Sessions Judge elaborately discussed the deposition of complainant, who happened to be the father of the deceased, the deposition of witness Aktarbibi, who happened to be the mother of the deceased and the deposition of Ahmedhusen, who happened to be the brother of the deceased. Considering the depositions of these witnesses, it is elaborately clear that the deceased was subjected to physical and mental cruelty by her husband appellant herein. Even considering the deposition of witness Bilkisbanu, who is residing in the neighbourhood of the house of the complainant, deposed in her deposition that whenever the deceased used to come to the house of her parents, she used to meet her and she used to tell this witness about the cruelty and ill-treatment meted out to her by the appellant. Considering the medical evidence on record and the post mortem note, it is revealed that the deceased died due to extensive burn injuries.