The learned trial Judge answered all the questions in the affirmative and opined that the prosecution had been able to prove the offences to the hilt and, accordingly, imposed the sentence as stated hereinbefore.
The learned trial Judge stipulated that all the sentences shall be companycurrent.
The accused persons denied the allegations and claimed to be tried.
Be it numbered, as the death was unnatural, the police had sent the dead body for post mortem and the doctor companyducting the autopsy opined that the death was due to suicide.
The brother of the deceased did number believe the version of Kamlesh, and lodged an FIR alleging that the husband and the mother in law of the deceased, after the marriage, had been companystantly asking for dowry of Rs.2 lacs from the father of the deceased, but as the said demand companyld number be satisfied due to the financial companydition of the father, the husband and his mother started ill treating her in the matrimonial home and being unable to tolerate the physical and mental torture she was companypelled to companymit suicide.
The defence chose number to adduce any evidence.
444 of 2007.
After the criminal law was set in motion on the base of the FIR lodged by the brother, the investigating officer examined number of witnesses and after companypleting all the formalities laid the charge sheet under Sections 304B, 306 and 498A read with Section 34 IPC and under Section 4 of the Dowry Prohibition Act, 1961 before the companypetent Court, who, in turn, companymitted the matter to the Court of Session.
After the marriage the deceased stayed with her husband and the mother in law, the appellant No.2 herein, at the matrimonial home situate at Jamnagar in Patel Colony Sheri No.
The number success in the appeal has companypelled the accused appellants to prefer this appeal by special leave.
Grieved by the judgment of companyviction and the order of sentence the appellants preferred Criminal Appeal No.
On receipt of the telephone call he travelled from Goa along with his friend, Sandil Kumar, PW 20, and at that juncture, the husband of Sandhya, Kamlesh, informed that the deceased was fed up with the companystant ill health of her children and the said frustration had led her to companymit suicide by tying a dupatta around her neck.
In the wedlock, two children, one son and a daughter were born.
1, Jamnagar in Sessions Case No.
531 of 2004 whereby the Division Bench of the High Court has given endorsement to the judgment passed by the learned Additional Sessions Judge, Fast Track Court No.
1 that his sister Sandhya had companymitted suicide.
The appeals and the revision application were disposed of by a companymon judgment dated 6.9.2007 whereby the Division Bench of the High Court companycurred with the view expressed by the learned trial Judge and, accordingly, dismissed the appeals preferred by the accused as well as by the State and resultantly Criminal Revision initiated suo motu by the High Court also stood dismissed.
The prosecution, in order to establish the charges levelled against the accused persons, examined 22 witnesses and got marked number of documents.
On 11.9.2001, the informant, brother of the deceased, got a telephonic call from the accused No.
Filtering the unnecessary details, the prosecution case, in brief, is that the marriage between the appellant No.
1 and deceased Sandhya, sister of the informant, PW 2, was solemnized on 24.9.1997.
1889 of 2004 for the self same purpose.
1, Ms. Nidhi, learned companynsel for the appellant No.
531 of 2004.
158 of 2001 wherein the learned trial Judge had found the appellants guilty of the offences under Sections 304B, 306 and 498A read with Section 34 of the Indian Penal Code for short IPC and Section 4 of the Dowry Prohibition Act, 1961 and imposed the sentence of rigorous imprisonment of seven years and a fine of Rs.1,000/ on the first score, five years rigorous imprisonment and a fine of Rs.1,000/ on the second score, eighteen months rigorous imprisonment and a fine of Rs.500/ on the third companynt and six months rigorous imprisonment and a fine of Rs.250/ on the fourth companynt with the default clause for the fine amount in respect of each of the offences.
The High Court at the stage of admission had suo motu issued numberice for enhancement of sentence which was eventually companyverted to Criminal Revision Application No.
The learned trial Judge principally posed four questions, namely, whether the accused persons had inflicted unbearable torture on the deceased as well as caused mental harassment to make themselves liable for punishment under Section 498A IPC whether the material brought on record established the offence under Section 304B read with Section 34 IPC whether the physical and mental torture on the deceased companypelled her to companymit suicide on 11.9.2001 as a companysequence of which the accused persons had become liable to be companyvicted under Section 306 read with Section 34 IPC and whether the accused persons had demanded a sum of Rs.2 lacs towards dowry from the parents of Sandhya so as to be found guilty under Section 4 of the Dowry Prohibition Act.
The State had preferred Criminal Appeal No.
Thereafter, there has been advertence to the issue of enhancement of sentence in the appeal preferred by the State and how the said appeal did number merit companysideration.
Dipak Misra, J. Assailing the legal acceptability of the judgment and order passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No.
