- (1.) The appellant was put on trial for commission of the offence under Sections 498-A and 304-B read with Section 114 of the Indian Penal Code. Additional Sessions Judge, Rajkot, by judgment dated 22nd of January, 1997 passed in Sessions Case No.138 of 1991, acquitted the appellant. Aggrieved by the same, State of Gujarat preferred Criminal Appeal No. 335 of 1997 and the High Court by the impugned judgment dated 6th of May, 2004 and 23rd June, 2004 set aside the order of acquittal and convicted the appellant for offence under Section 306 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for five years. He was also held guilty of offence under Section 498-A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one and a half years.
(2.) Aggrieved by the same, the appellant has preferred this appeal.
(3.) According to the prosecution, appellant had married Binaben, the daughter of Jaysukhlal about two years before her death. She was ill-treated by the appellant and his mother Jayaben for demand of dowry and for that reason on 2nd of June, 1990, Binaben committed suicide by setting herself on fire. A case was registered and after investigation, the police submitted charge-sheet against the appellant. Ultimately he was committed to the Court of Sessions where he was charged of offence punishable under Section 498-A and 304-B read with Section 114 of the Indian Penal Code. The Trial Court on appreciation of evidence held that there is no evidence of cruelty or harassment in connection with demand of dowry and accordingly acquitted him on both the counts. On appeal by the State, as stated earlier, the High Court reversed the finding of acquittal and convicted the appellant as above. While reversing the judgment of acquittal, the High Court has relied upon a letter (Ex.-21) written by the deceased to her sister-in-law. In the said letter, the deceased has stated that her husband had beaten her and asked her to take divorce. Further the appellant is pressing hard to leave the matrimonial home and go to Jamnagar, her parental place.;