PUNAMBHAI RAMJIBHAI PATANI Vs. STATE OF GUJARAT
LAWS(GJH)-2015-2-115
HIGH COURT OF GUJARAT
Decided on February 02,2015

Punambhai Ramjibhai Patani Appellant
VERSUS
STATE OF GUJARAT Respondents




JUDGEMENT

K.J.THAKER, J. - (1.)THIS is an appeal by the original accused No.1 -appellant, herein, challenging the judgment and order of the learned Sessions Judge, Ahmedabad (for short, 'trial Court'), Dated : 19.07.1995, rendered in Sessions Case No. 401 of 1991, whereby, the trial Court convicted and sentenced the original accused No.1 -appellant as under,
(1) For the offence under Section 498(A) of the IPC to undergo rigorous imprisonment for two years and to pay fine of Rs.500/ - and in default to undergo further rigorous imprisonment for three months;

(2) For the offence under Section 306 of the IPC to undergo rigorous imprisonment for three years and to pay fine of Rs.500/ - and in default to undergo further rigorous imprisonment for three months.

(2.)THE trial Court, however, acquitted the original accused Nos. 2 to 6 of all the charges.
(3.)THE brief facts of the case of the prosecution, as set out before the trial Court, are that the mother of the deceased, namely Shantaben, lodged a complaint before the Meghaninagar Police Station, wherein, she stated that she resides at Chamanpura, Ahmedabad, along with her family. It is stated in the complaint that the complainant has two sons and one daughter, i.e. the deceased, who was married to original accused No.1 about 10 years prior to the alleged incident. Out of the said wedlock, the deceased had given birth to two sons. It is stated in the complaint that after marriage, the deceased was residing in a joint family, i.e. original accused Nos. 2 to 6, and her husband, original accused No.1 -appellant, herein. According to the complainant, accused No.1 was not doing any work and he used to beat the deceased frequently under the influence of alcohol. It is, further, stated in the complaint that accused Nos.2 to 6 used to instigate accused No.1 and on account of that he used to beat the deceased, and therefore, the deceased frequently used to come to her parental house and used to complaint about the same. According to complainant, whenever deceased used to come to her parental house, accused No.1 used to come to the parental house of the deceased after consuming alcohol and used to beat the deceased. It is stated in the complaint that one day before the alleged incident, the deceased had come to her parental house and had complained to his father, in the presence of her two brothers, that she had been ill for about two months, but, neither accused No.1 nor original accused Nos. 2 to 6 care about her and that she is being harassed. However, the mother of the deceased persuaded and sent the deceased to her matrimonial home. Next day, i.e. on 01.11.1990, while the complainant and the others were sleeping, police came to her house and informed them that the deceased has sustained burn injuries. Therefore, the complainant went to the hospital and on inquiring from the deceased, the deceased told her that she has set herself ablaze. Thereafter, D.D. of the deceased came to be recorded. The complainant, then, lodged the complaint in question against original accused Nos. 1 to 6. The deceased succumbed to her injuries on 02.11.1990.
On registration of the offence police carried out the investigation and on finding sufficient evidence lodged a charge -sheet against all the accused, i.e. original accused Nos. 1 to 6. At the time of trial, since, the accused did not plead guilty and claimed to be tried, the case was committed for trial.



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