NARPATSINH UDESINH PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has assailed the judgment and order dtd. 15/9/2000 passed by the learned Additional Sessions Judge, Court No.19, Ahmedabad in Sessions Case No.36 of 1997, whereunder, the appellant who is accused No.1 convicted for the offence punishable under Ss. 498(A) and 306 of Indian Penal Code and Sec. 4 of the Dowry Prohibition Act while other two accused persons who happened to be the father and mother respectively came to be acquitted.

(2.) The facts of the prosecution case as could be gathered from the impugned judgment are that the marriage of the deceased Gitaben was solemnized with the appellant around 5 years before the incident which happened on 3/7/1996. At the time of marriage, Gold and Silver ornaments, cloths, utensils, furniture etc. was given. The acquitted accused No.2Udesinh Vadansinh and accused No.3Ugamben Udesinh were the father-in-law and the mother-in- law of deceasedGitaben. After the marriage, deceasedGitaben started living with the appellant and acquitted accused No.2 & 3 (father-in-law & mother-in-law respectively) in joint family at Ahmedabad.

(3.) The marriage life was smooth for the first year, but thereafter, the appellant started beating and harassing the deceasedGitaben. The appellant upon instigation of his parents (acquitted accused Nos. 2 & 3) would ask the deceased-Gitaben to bring Rs.10,000.00 from her father otherwise she would not be allowed to stay in the house. The appellant would also tell her that she had brought less dowry. The deceasedGitaben, ultimately, committed suicide on 03/7/1996 by pouring kerosene on her body and setting herself ablaze. P.W. 2, Kulsinh L. Trivedi-maternal uncle of the deceased-Gitaben lodged a complaint in respect of the incident with the Kangdapith Police Station, Ahmedabad which came to be registered vide C.R. No.I-203 of 1996 for the offence punishable under Sec. 306, 498(A) r/w Sec. 114 of Indian Penal Code and Ss. 3 and 7 of the Dowry Prohibition Act.