NILESH PURSHOTTAMBHAI BHANDARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ALL the three Criminal Appeals and the criminal Revision Application arise out of a judgment and order rendered by the Ld. Addl. Sessions Judge, Anand [hereinafter referred to as 'the Ld. Trial Judge'] dated 8/ 2/2000 in Sessions Case 268 of 1998. The ld. Trial Judge recorded the conviction of original accused no. 1 - Nileshkumar parshotambhai for the commission of offences punishable under sections 304-B and 498-A of the Indian Penal Code [ipc] and section 4 of the Dowry Prohibition Act hereinafter referred to as 'the DP Act']. He came to be acquitted so far as the charge of commission of offence punishable under section 306 of the IPC is concerned. The original accused no. 1 was awarded sentence of rigorous imprisonment [rl] for 7 years and fine of Rs. 500/-, in default of payment of fine, RI for 6 months for the offences punishable under sections 304-B and 498-A of the IPC and RI for one year and fine of Rs. 1,000/- and in default of payment of fine, RI for 3 months for the offence punishable under section 4 of the dp Act. Substantive sentences of imprisonment were ordered to run concurrently. 1. 1. The original accused no. 2 -Kanchanben Parshotarnbhai came to be convicted for offences punishable under sections 304-B and 498-A of the Indian penal Code [ipc] and sections 3 and 4 of the DP Act. She was acquitted from the charge of commission of offence punishable under section 306 of the IPC. The Ld. Trial judge awarded sentence of RI for 8 years and fine of Rs. 1,000/- and in default of payment of fine. RI for one year for the offences punishable under sections 304-B and 498-A of the IPC and simple imprisonment [si] for 5 years and fine of rs. 3,000/- and in default of payment of fine, RI for one year for the offence punishable under section 3 of the DP Act and SI for 6 months and fine of Rs. 500/-and in default of payment of fine, RI for one month for the offence punishable under section 4 of the DP Act. Substantive sentences of imprisonment were ordered to run concurrently. 1. 2. The original accused no. 3 -Parshotarnbhai Govindbhai came to be acquitted from the charges levelled against him for the offences punishable under sections 304-B, 306 and 498-A read with section 114 IPC and sections 3 and 4 of the dp Act.

(2.) THE original accused no. 1 - Nilesh -Parshotarnbhai and original accused no. 2 kanchanben Parshotarnbhai challenged their conviction by preferring Criminal appeal No. 120 of 2000. At the time of admitting this appeal, the Division Bench of this Court by order dated 14/2/2000, in exercise of powers under section 401 read with section 397 of the Code of Criminal procedure [cr. P. C] ordered to issue notices to the appellants accused nos. 1 and 2 as to why the order of acquittal passed by the Ld. Trial Judge for offence punishable under section 306 of the IPC be not set aside and it was further directed that this may be treated as Revision Application, which came to be registered as Criminal Revision application No. 175 of 2001. 2. 1. The State of Gujarat preferred criminal Appeal No. 238 of 2000 against the original accused nos. 1 and 2 [respondents therein] under section 377 of the Cr. P. C for enhancement of sentence. The State of Gujarat also preferred Criminal appeal No. 239 of 2000 under section 378 of the Cr. P. C challenging the acquittal of original accused no. 3 - Parshotarnbhai govindbhai.

(3.) THE prosecution case, in nutshell, is as under :-