Decided on March 02,2016

Bharwad Haribhai Saktabhai And Ors. Appellant


K.S. Jhaveri, J. - (1.) This appeal is directed against the judgment and order passed by the learned Addl. Sessions Judge, Fast Track Court No. 4, Patan in Sessions Case No. 300/2002 dated 17.03.2006 whereby, the appellants, original accused, have been convicted for the offences punishable u/s. 302, 498(A), 201, 176 r/w. Sec. 114 IPC. For conviction u/s. 302 r/w. Sec. 114 IPC, the appellants were sentenced to undergo imprisonment for life and fine of Rs. 25,000/ - each and in default, RI for five years. For conviction u/s. 498(A) IPC, the appellants were sentenced to undergo RI for three years and fine of Rs. 5,000/ - each and in default, RI for two years. For conviction u/s. 201 IPC, the appellants were sentenced to undergo RI for three years and fine of Rs. 5,000/ - each and in default, RI for one year. For conviction u/s. 176 IPC, the appellants were sentenced to undergo SI for six months and fine of Rs. 1,000/ - each and in default, SI for one month. All the sentences were ordered to run concurrently. Out of the total fine that may be received from the accused, an amount of Rs. 1.00 Lac was ordered to be paid as compensation to the mother of deceased.
(2.) The facts in brief are as under; The complainant herein, Jijiben Bharwad, was residing at Radhanpur and was earning her livelihood by doing labour work. Vasiben, the daughter of the complainant, was married to accused No. 1 before about nine years from the date of alleged incident. Original accused No. 1 was serving in the Central Reserve Police Force and therefore, used to stay for fewer period at his home. It is the case of prosecution that the accused persons used to torture Vasiben both mentally as well as physically. 2.1 On 23.04.1999 the complainant went to the matrimonial home of Vasiben to know her whereabouts. However, to her utter shock, she came to know that her daughter, Vasiben, passed away before about seven days. When the complainant inquired about the reason, she did not receive any satisfactory reply. Therefore, a complaint was filed against the accused persons before Harij Police Station vide I -C.R. No. 44/1999. Necessary investigation was done and the accused came to be arrested. At the end of investigation, charge -sheet was filed against the accused before the trial Court. However, since it was a sessions triable offence, the case was committed to Sessions Court and ultimately, trial was initiated.
(3.) During the trial, the prosecution examined the following witnesses; ;

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