AMRUTLAL LILADHARBHAI KOTAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) DOWRY is a social evil and a social degradation. It has seeped into our minds and is spreading like a cancer. Every effort is being made to control it by legislation but, still it raises its ugly face every now and then. Very recently, the Apex Court while hearing a case of bride-burning came down heavily on the brother-in-law of the bride by observing that no mercy should be shown to those accused of burning women to death over dowry demands. In that case, the Apex Court expressed its anguish in the following words;

(2.) CHALLENGE in this appeal is to the judgment and order dated 05. 08. 2004 passed by the learned Jt. District and Addl. Sessions Judge, Fast Track Court No. 7, Morbi in Sessions Case No. 52/2000, whereby, the appellants, original accused persons, have been convicted for the offences punishable u/s. 498-A, 304-B and 306 IPC r/w. Section 114 IPC. For conviction u/s. 498-A r/w. Section 114 IPC, the appellants were sentenced to undergo R. I. for two years with fine of Rs. 2000/- and in default of payment of fine, S. I. for a further period of three months; whereas, for conviction u/s. 304-B r/w. Section 114 IPC, they were sentenced to undergo R. I. for ten years; and for conviction u/s. 306 r/w. Section 114 IPC, they were sentenced to undergo R. I. for seven years with fine of Rs. 5000/- and in default of payment of fine, S. I. for a further period of six months. All the sentences were ordered to run concurrently. The appellants were given the benefit of set-off.

(3.) THE facts in brief giving rise to the filing of the present appeal are as under;