(1.) Two accused, namely Bhursingh Haluji Solanki and Ashaben, daughter of Bhursingh Solanki, came to be tried by the Ld. Addl. Sessions Judge, Fast Track Court, Banaskanthat at Palanpur in Sessions Case No. 76/2008, for the commission of offences punishable under Sections 498 -A and 304 -B read with Section 114 of the Indian Penal Code [IPC] and at the end of the trial, both came to be convicted for the aforesaid offences vide judgment and order dated 9/7/2009. So far as original accused No. 1 Bhursingh is concerned, he was sentenced to undergo rigorous imprisonment [RI] for 2 years and fine of Rs.5,000/ -, in default simple imprisonment [SI] for three months for the offence punishable under Section 498 -A read with Sec. 114 of IPC and RI for 10 years for the offence punishable under Section 304 -B read with Sec. 114 of IPC. Substantive sentence of imprisonment was ordered to run concurrently. So far as original accused No. 2 - Ashaben is concerned, she was sentenced to undergo RI for 2 years and fine of Rs.5,000/ -, in default SI for three months for the offence punishable under Section 498 -A read with Sec. 114 of IPC and RI for 07 years for the offence punishable under Section 304 -B read with Sec. 114 of IPC. Substantive sentence of imprisonment was ordered to run concurrently. Feeling aggrieved by and dissatisfied with the impugned judgment and order rendered by the trial Court in Sessions Case No. 76/2008 on 9/7/2009 recording their conviction and the sentence, original accused No. 2 - Ashaben preferred Criminal Appeal No. 1293/2009 and original accused No. 1 - Bhursingh preferred Criminal Appeal No. 1599/2009 under Section 374 of the Code of Criminal Procedure [for short 'Cr. P.C.'].
(2.) At the time when Criminal Appeal No. 1599/2009 came to be admitted on 9/10/2009, the coordinate bench of this Court, while admitting the appeal, directed to expedite the hearing of the appeal. Accordingly, upon receipt of the paper book pursuant to the direction issued by the coordinate bench, both these appeals arising from the same judgment and order rendered by the trial Court, came to be listed for final hearing.
(3.) The prosecution case, in nutshell, is that the deceased Jashiben married son of accused No. 1 Bhursingh and brother of accused No. 2 Ashaben, namely Punamsingh before about 4 years from the date of incident. After the marriage, Jashiben went to her matrimonial home. It is the prosecution case that Jashiben was meted out with cruelty and harassment by both the accused being her father -in -law and sister -in -law as well as her husband Punamsingh and husband's younger brother Vikramsingh. It is the prosecution case that as she could not begotten child despite her 4 years' married life and that she could not bring anything from her parents, Jashiben was meted out with ill -treatment and cruelty. It is the prosecution case that before about one year from the date of the incident, Jashiben came to her parents' house and complained about the physical and mental torture caused to her by her father -in -law and sister -in -law as well as her husband and her husband's younger brother. She stayed at her parents' house. Before about 2 months from the date of the incident, father -in -law of Jashiben , namely accused No. 1 Bhursingh as well as his relatives came to the house of father of Jashiben and Jashiben was sent to her matrimonial home along with them only with a view to see that her matrimonial life continues and to save her marriage. Before about one week from the date of the incident, Amaratben, mother of Jashiben had gone to Jashiben's house at village Samdhi and even at that time Jashiben complained before her mother that she was ill -treated by her in -laws. However, at that time in order to save her family life with her husband and in -laws, Amaratben advised her daughter Jashiben to maintain peace so that her family life might not be disturbed. It is the prosecution case that thereafter, on 29/12/2007 at about 10.30 a.m., first informant Valji Adarsingh, father of Jashiben came to be informed on telephone that Jashiben had fallen in a well and had died. Thereafter, first informant Valji and his family members went to Jashiben's house at village Samdhi and they found dead -body of Jashiben lying in the well. The incident was reported by first informant Valjibhai to Gadh Police Station and his FIR was registered.