RAJESH BHOGILAL DARJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is preferred by the appellant - original accused against the judgment and order dated 1.8.2003 passed by learned Additional Sessions & Fast Track Judge, Modasa in Sessions Case No.93 of 2001 whereby the appellant accused has been convicted and sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.1000/-, in default, to undergo simple imprisonment for three months for the offence under section 498-A of Indian Penal Code and also ordered to undergo rigorous imprisonment for five years and to pay fine of Rs.2000/-, in default, to undergo simple imprisonment for six months for the offence under section 306 of Indian Penal Code.

(2.) The short facts giving rise to the present case are that the marriage of Jyotsnaben was solemnized before five years from the date of the alleged incident. It is the case of the prosecution that the appellant accused was beating Jyotsnaben for trivial issues. It is alleged that mother-in-law and father-in-law were also instigating their son. It is alleged that on the date of lodging the FIR, Jyotsnaben consumed the poisonous substance and thereafter, she died. Ultimately, the complaint came to be lodged against the accused.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.