- (1.) This criminal appeal, by special leave, is directed against the impugned common judgment dated June 17, 2009 of the High Court of Gujarat whereby the High Court dismissed Criminal Appeal No.1327 of 2004 filed by the appellants and confirmed the order passed by the Trial Court. The High Court in the present matter upheld the sentence as awarded by the Trial Court by stating that the evidence led by the complainant (PW-1), the elder sister of the deceased (PW-8) and the grandfather of the deceased (PW-9) gets support from the evidence led by PW-7, who are the friends and relatives of the deceased.
(2.) The case of the Prosecution is that the marriage between Truptiben (the deceased) and the appellant No.3 herein took place on 01.05.1996. Truptiben was the daughter of one Kantilal Dhanjibhai Karia of District Rajkot in Gujarat. After the marriage, Truptiben was residing in a joint family with her in-laws appellant Nos.1 and 2 and her husband appellant No.3 at Morbi, Gujarat. Out of the said wedlock, a girl named Gopi was born.
(3.) On 23.03.2000 at around 1130 Hrs, while Kantilal Dhanjibhai Karia was discharging his duties in the Bank of Baroda at Rajkot, he received a telephonic message from Appellant No.1, that his daughter is hanging by the fan and that he may immediately come to Morbi. Kantilal Dhanjibhai Karia informed about the said telephonic message to his nearest relatives and thereafter, they all proceeded towards Morbi.;