IRFANBHAI GANIBHAI KACHOT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this appeal under Section 374 of the Code of Criminal Procedure 1973, the appellant has challenged the judgment and order dated 28.02.2013 passed by the learned 2nd Additional Sessions Judge, Ahmedabad (Rural), Ahmedabad in Sessions Case No.13 of 2011. The appellant under the said impugned judgment came to be convicted for the offence punishable under Section 224 and under Section 498(A) of the Indian Penal Code. The appellant is sentenced to rigorous imprisonment for 3 years and to pay fine of Rs.1000/-, in default to undergo imprisonment of 1 year for the offence punishable under Section 324 of the Indian Penal Code. He is directed to suffer rigorous imprisonment for 3 years and to pay fine of Rs.1000/-, in default imprisonment for 1 month for the offence punishable under Section 498(A) of the Indian Penal Code. Both the sentences are ordered to run concurrently.

(2.) The brief facts of the prosecution case against the appellant as could be culled out from the impugned judgment are that the marriage of the appellant with defacto-complainant Noorjahaben was solemnized about 6 years before the date of the incident which happened on 11.02.2011 after the marriage, the defacto-complainant started living in matrimonial home which was a joint family, consisting the appellant, father-in-law and mother-in-law. Just beginning after the marriage, husband i.e. appellant, father-inlaw and mother-in-law would ask the defacto-complainant to bring money from her father for doing business. Thereafter, the defacto-complainant and the appellant started living separate in rented house in Sarkhej. After passage of 10 months, the defacto-complainant went to her natal home at Mandal for delivery. She came back to her matrimonial home after the delivery when her mother-in-law, father-in-law, brother-in-law and sister-in-law (Nanad) started physically ill-treating her for bringing less things in Jiyana. The defacto-complainant, therefore, came back to her parental home and lodged a complaint. The complaint was settled after an assurance was given to give the necessary things and household items. However, upon her return to matrimonial home, in-laws continued to ill-treatment, physical and mental torture for bringing money.

(3.) Thereafter, on the date of incident, the in-laws came to her house and picked up quarrel in relation to construction of platform, her mother-in-law and sister-in-law caught hold her while father-in-law and brother-in-law had poured kerosene on her person and the appellant ignited by matchstick. However, therefore, her cloths caught fire and she started shouting. Altaf, who was residing in the neighborhood came and doused the fire. Her mother and father came and took her to Viramgam Civil Hospital. A complaint in respect of the incident was lodged with Mandal Police Station. CR. No. I-1/2011 for the offence punishable under Sections 307, 498(A) and 114 of Indian Penal Code.