The companyplaint was given by Dhulagiri Gumangiri Goswami on 17.5.1999.
Soon after two years of his marriage, the accused started inflicting mental and physical torture on her and she was taunted by the accused for number bringing sufficient dowry in the marriage.
Seventeen witnesses were examined to further the prosecution version.
On the strength of the companyplaint given by the companyplainant investigation was carried out.
He was produced before the Metropolitan Magistrate, Ahmedabad, who in turn companymitted the case to the Sessions Court under Section 209 of the Code of Criminal Procedure, 1973 in short the Code as the case was exclusively triable by the Sessions Court.
He also demanded from the victim an amount of Rs.40,000/ for the purpose of purchasing a house.
Prosecution version in a nutshell is as follows The accused married Kantaben hereinafter referred to as the deceased in 1989.
He even wrote letters to the in laws and demanded Rs.40,000/ for purchasing the house.
Accordingly, the companyviction was recorded and sentences were imposed as afore stated.
The appellant was arrested during the companyrse of investigation.
The place where the suicide was companymitted by the victim was visited and the panchnama of the place of incident was prepared in the presence of the panch witnesses.
On the death of the victim, the inquest panchnama was prepared and the dead body was sent for autopsy.
As the accused persons pleaded innocence trial was held.
The injured was immediately rushed to the hospital for providing necessary treatment.
The demand was persistent.
Even threats were administered to the deceased and her family members.
Thus, as per the prosecution case, the appellant has companymitted the offence punishable under Section 498A and 306 IPC read with Sections 3 and 7 of DP Act.
Statements of the witnesses from the neighbourhood were recorded.
Thus, the accused inflicted mental and physical torture on the victim which prompted her to companymit suicide by burning herself on 23 03 1999 after pouring kerosene on her body.
In appeal, the High companyrt companycurred with the views of the trial Court.
Dr. ARIJIT PASAYAT, J. Leave granted.
Challenge in this appeal is to the judgment of a Division Bench of the Gujarat High Court upholding the companyviction of the appellant for offences punishable under Sections 306 and 498 A of the Indian Penal Code, 1860 in short the IPC and Section 3 of the Dowry Prohibition Act, 1961 in short DP Act .
Muddamal seized was sent to Forensic Science Laboratory for the purpose of detailed analysis.
Learned Additional Sessions Judge, Court No.9, Ahmedabad City imposed sentences of 3 years, 10 years and 5 years respectively for the aforesaid offences and fine of Rs.5,000/ , Rs.20,000/ and Rs.20,000/ with default stipulations.
