VIKRAMSINH AMARSINH PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal has been filed by the appellant-accused against the judgment and order rendered by the learned Additional Sessions Judge, camp at Anand dated 12. 12. 2003 in Sessions Case No. 40 of 2001, whereby the learned Judge recorded the conviction of appellant, who was original accused in the said case, for the offence punishable under Sections 302 and 498-A of the Indian Penal Code and the appellant was sentenced to undergo rigorous imprisonment for life for the offence punishable under Section 302 IPC and no separate sentence is awarded for the offence under Section 498-A IPC.

(2.) THE basic case of the learned counsel for the prosecution was that the lady committed suicide and a charge under Section 306 IPC was preferred. Subsequently, after the deposition of doctor, the said charge was substituted by Section 302 and 498-A IPC.

(3.) THE learned counsel for the appellant-accused has not gone on merits and has submitted that when the prosecution case is positively for suicide, after the opinion of doctor, the case cannot be converted under Section 302 IPC because there is vast difference in ingredients of Section 302 and 306 IPC. In that view of the matter, the conviction is not correct and therefore, he fairly submitted that the conviction may be recorded under Section 306 IPC because wife committed suicide as there was a persecution on behalf of the accused.