DEEPAKBHAI DAYALBHAI Vs. STATE OF GUJ

JUDGEMENT

(1.) THIS Criminal Revision Application under Section 397 read with Section 401 of the Code of Criminal Procedure has been filed by the petitioner-original accused No. 3 being aggrieved dissatisfied by the judgment and order dated 14-8-1992 passed by the learned Addl. Sessions Judge, Bhavnagar, in Criminal Appeal No. 22 of 1991 whereby the learned Judge has confirmed the judgment and order dated 27-3-1991 passed by the learned Judicial Magistrate (First Class), Palitana, in Criminal Case No. 761 of 1987 convicting the applicant-original accused No. 3 for the offence under Sec. 498-A of IPC and sentencing to suffer SI for three months with a fine of Rs. 500/-, in default to suffer further one month SI. However, the original accused Nos. 2-Devkumvarben and 4-Babubhai Ravjibhai were however acquitted by the learned Addl. Sessions Judge, Bhavnagar.

(2.) IT may be noted that the original accused No. 1 had passed away during the pendency of trial and hence, case against him was abated vide order dated 11-8-1987 passed below Ex. 1.

(3.) THE present applicant-original accused No. 3 is the husband of the deceased Gauriben, who committed suicide on 27-1-1987 at her matrimonial home. The original accused No. 1-Dayal Bhikha is the father-in-law of the deceased Gauriben, the original accused No. 2-Devkumvarben, wife of Daya Bhikha, is the mother-in-law of the deceased Gauriben while the original accused No. 4-Babu Ravji is the son-in-law of the original accused Nos. 1 and 2.