LAWS(GJH)-2009-8-169

MAYURBHAI DHIRAJLAL SHETH Vs. STATE OF GUJARAT

Decided On August 28, 2009
MAYURBHAI DHIRAJLAL SHETH Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THE present appeal was preferred by the appellant-original accused No. 1, who was convicted by the learned Addl. Sessions Judge, Fast Track Court, Surendranagar, by judgment and order dated 21-8-2009 passed in Sessions Case No. 4 of 2009 for the offence punishable under Sec. 498 (A) of IPC and sentenced him to suffer RI for one year and to pay fine of Rs. 2,000/-, in default, to suffer further one month SI.

(2.) IT is the case of the prosecution that on 26-10-2008 a complaint was filed by the complainant-Mugatlal @ Maheshbhai Manharlal, father of the deceased, residing with his family at Jalgaon, Maharashtra, that his daughter-Komalben, got married with the present appellant-accused Mayur on 5-3-2008 and after marriage, she was residing at her matrimonial home in Surendranagar. It is alleged in the said complaint that the deceased committed suicide by hanging on 21st October, 2008 at her matrimonial home because of ill-treatment meted out to Komalben by her in-laws. The said compliant was registered and investigation was started. At the end of investigation, charge sheet was filed for the offence punishable under Sections 498 (A), 306 and 114 of IPC as well as under Sections 3 and 7 of Dowry Prohibition Act before the learned Magistrate, Surendranagar. As the learned Magistrate has no jurisdiction to try case, it was committed to the Sessions Court where it was numbered as Sessions Case No. 4 of 2009 which was made available to the learned Addl. Sessions Judge and Fast Track Court, Surendranagar. The charge was framed at Ex. 12 for the above referred offences. The accused denied all the charges and claimed to be tried.

(3.) TO prove the case, the prosecution has examined 10 witnesses including the father (complainant), uncle, aunt, sister and mother of the deceased. The prosecution has also produced and placed reliance upon various documentary evidence such as complaint at Ex. 28, FSL report Ex. 24, post mortem note Ex. 35, panchnama of scene of offence Ex. 37, etc.