ARJAN JETHABHAI HARIJAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal under section 374 of the Code of Criminal Procedure,1973 ['the Code' for short] emanates from the judgement and order of conviction dated 10.10.2003 passed by the learned Additional Sessions Judge, Fourth Fast Track Court, Veraval in Sessions Case No 56 of 2001 whereby and where-under, the appellant came to be convicted for the offence punishable under section 498A of the Indian Penal Code. ['IPC' for short] and directed to undergo imprisonment for two years and also directed to pay fine of Rs. 2000/-. In default of payment of fine, the applicant is directed to undergo rigorous imprisonment for three months.

(2.) Brief facts of the prosecution case, as could be culled out from the impugned judgement, are that Govindbhai Mangalbhai Vaja, PW 1, who happens to be the brother of the deceased Dikshaben. Govindbhai lodged a complaint with Kodinar Police Station for offences punishable under sections 498A, 304B and 306 of IPC against the present appellant-Arjan Jethabhai Harijan, his father Jetha Masri Harijan, his mother Amarben Jethabhai Harijan and his sister-Samjuben Jethabhai alleging inter alia that they demanded a sum of Rs. 40,000/- from PW 1 through deceased who happened to be the wife of the appellant. PW 1 could not meet the demand therefore, the deceased Dikshaben was subjected to mental and physical cruelty by appellant, his parents and sister. The deceased Dikshaben could not bear the torture, mental as well as physical, meted out to her. As a result, she ended her life by jumping in to the well.

(3.) Complaint of PW 1 was investigated and charge sheet came to be filed against the appellant, his parents and sister in the Court of learned JMFC, Kodinar. As the offence is committed by the appellant and other co-accused persons was exclusively triable by the Court of Sessions, the learned Magistrate committed the case to Sessions Court under section 209 of the Code, where it was numbered as Sessions Case No. 56 of 2001.