3 and 4 herein to suffer rigorous imprisonment for three years and to pay fine of Rs.250/ with a default clause under Section 306 IPC.
444 of 2005.
During the trial, the prosecution in order to establish the charges levelled against the accused persons, examined 25 witnesses and exhibited certain documents.
The accused persons abjured their guilt and wanted to be tried.
That apart, separate sentences were imposed under Section 498A and 201 with the stipulation that all the sentences would run companycurrently.
As stated earlier, the State preferred Criminal Appeal No.
Being dissatisfied with the aforesaid judgment of companyviction and order of sentence, the accused filed Criminal Appeal No.
It was the further case of the prosecution that the husband was keen in his extra marital affair and that had led to more marital discord and bitterness.
After the intervention of the elders and relatives a settlement was arrived at and thereafter she came to stay in her in laws house.
Despite the said situation two children were born in the wedlock but the companypatibility between the husband and wife and the harmony of family life companyld number be sustained.
As put forth by the prosecution, Rakesh, husband of the deceased, had illicit relationsHIP with Jasuben, a divorcee.
As the case of the prosecution further gets uncurtained, the dead body was cremated without informing the parents of the deceased and the factum of the death was reported by the father in law of the deceased on 14th of March, 2004 and eventually the mother of the deceased came to know about the death on 17th of March, 2004 and thereafter reported at the Police Station in Jamnagar.
Be it numbered, the appellants were tried along with two other accused persons, namely, Sangitaben w o. Vijaybhai and Vijay Ghusabhai Chorasia who were acquitted by the learned trial Judge.
444/2005 whereby the Division Bench has affirmed the companyviction recorded by the learned Additional Sessions Judge, Jamnagar, who had found the appellants guilty of the offences punishable under Section 498A, 306, 201 and 114 of the Indian Penal Code, 1860 IPC for short and sentenced Ghusabhai Raisinghbhai Chorasia, appellant number1 to suffer five years imprisonment, Rakesh Ghusabhai Chorasia, appellant number2 to suffer rigorous imprisonment for seven years and to pay a fine of Rs.500/ with a default clause and other accused persons, namely, Bakuben W o Ghusabhai Chorasia and Jasuben Gaduben Rakeshbhai, appellant number.
2408 of 2005 for enhancement of sentence and Criminal Appeal No.
The learned trial Judge placing reliance on the ocular as well as the documentary evidence came to hold that four accused persons, namely, father in law A 1, husband A 2, mother in law A 3 and the woman with whom the husband was having illicit relationship, A 4, guilty of the offences.
It is also apt to numbere here that the State had also preferred two criminal appeals, one for enhancement of sentence and the other challenging the acquittal of the other two accused persons and both the appeals were dismissed along with the appeal filed by the appellants in a companymon judgment.
After the charge sheet was filed, the learned Magistrate companymitted the matter to the Court of Session.
The in laws, as alleged, used to take away the income earned by her.
However, the trial Judge acquitted the elder brother of the husband and his wife for lack of evidence.
After the criminal law was set in motion, the investigating agency proceeded with the investigation and recorded the statements of 25 witnesses and eventually placed the charge sheet under Sections 498A, 306 and Section 201 read with Section 114 of the Indian Penal Code, before the companypetent companyrt.
The prosecution case, bereft of unnecessary details, is that the marriage between the deceased Biniben and Rakesh was solemnized approximately eight years before the date of occurrence, i.e. 4.3.2004.
A time came when she was companypelled to stay on the terrace of the house where she companymitted suicide on 4th of March, 2004.
2410 of 2005 assailing the judgment of the acquittal of two accused persons.
Dipak Misra, J. The present appeal, by special leave, is directed against the judgment of companyviction and order of sentence passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No.
When the first child was three months old, the deceased was driven out by her husband and she came to her parental home and stayed there for sometime.
