MOHANBHAI ISWARBHAI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is an appeal by the original accused No.1 -appellant, herein, challenging the judgment and order of the learned Addl. Sessions Judge, Kheda at Nadia (for short, 'the trial Court'), Dated : 26.09.1997, rendered in Sessions Case No. 80 of 1997, whereby, the trial Court, though, acquitted the accused of the charge under Section 306 of the IPC, held him guilty for the offence under Section 498(A) of the IPC and sentenced him to undergo rigorous imprisonment for three years and to pay fine of Rs.2,000/ - and in default to undergo further simple imprisonment for six months.

(2.) FOR the sake of convenience, the parties shall be referred to as they stood before the trial Court, i.e. original accused No.1 etc.

(3.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that a complaint came to be lodged by the original complainant before Petlad Rural Police Station vide FIR No. 159/96 against accused No.1 and his parents, i.e. original accused Nos. 2 and 3, wherein, it is stated that the deceased was married with accused No.1 about 11 -12 years prior to the alleged incident. It is alleged in the complaint that after about three years of the marriage of the deceased with accused No.1, all the accused started harassing her mentally and physically and due to that the deceased had to go to her parental house, frequently. It is also alleged that there was constant demand of dowry by accused No.1, and hence, the deceased had to stay at her parental house. However, due to intervention of the brother of the deceased, the matter was resolved at that point of time. It is stated in the complaint that prior to the incident the accused No.1 had even assaulted the deceased and had caused injury on her right hand. Then, it is stated in the complaint by the complainant that on 19.12.1996, i.e. on the date of the alleged incident, one Vinubhai Samabhai Thakor informed him that the deceased was unwell. Hence, the complainant went to the house of the accused persons and on reaching there, he found the deceased lying dead in veranda and on inquiry, he was told that the deceased had consumed poison. The complainant, hence, lodged the complaint in question. On registration of the complaint, police carried out investigation into the alleged offence and on finding sufficient evidence, lodged charge -sheet against accused Nos. 1 to 3. At the time of trial, since, the accused did not plead guilty before the trial Court, the trial was conducted. At the time of trial, in order to prove its case, the prosecution examined the following witnesses;