STATE OF GUJARAT Vs. JUBEDABIBI

JUDGEMENT

(1.) CRIMINAL Appeal No. 559 of 1994 preferred by the State is for enhancement of sentence against the judgement and order dated 25. 03. 1994 passed by the Additional Sessions Judge, Mehsana in Sessions Case No. 10 of 1990, whereby the accused have been convicted of the charges leveled against them under sections 306 and 498 (A) of Indian Penal Code.

(2.) IT is the case of the prosecution that the deceased was married to the accused no. 3 for almost seven years. The deceased gave birth to three children out of the wed-lock. It is alleged that she was mentally and physically tortured by the accused persons. The accused no. 3 is alleged to have been drinking liqour and beating the deceased at the instigation of the accused nos. 1 and 2. Once the complainant who is the brother of the deceased brought her to his house following series of complaints from the deceased regarding the ill-treatment. Later on after talks and discussions, the deceased was taken to her marital house. But the ill-treatment continued. Finally on 02. 10. 19889 the complainant received information that the deceased Sairabibi committed suicide by pouring kerosene over herself along with two minor children.

(3.) MR. R. C. Kodekar, learned APP has also submitted that the trial court ought to have taken serious view of the matter and ought to have imposed maximum sentence upon the accused. He has submitted that considering the fact that the deceased died along with the two children shows the extent of cruelty meted out to the deceased and therefore the sentence is absolutely inadequate and that the trial court ought to have awarded maximum sentence prescribed under the Act.