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2009 Supreme(SC) 132

ARIJIT PASAYAT, ASOK KUMAR GANGULY
Kishangiri Mangalgiri Goswami – Appellant
Versus
State of Gujarat – Respondent


Advocates appeared:
For the Appellant :H. Ahmadi, Ejz Maqbool, Vikas Singh, Ms. Taruna Singh & Ms. P. Gohil, Advocates.
For the Respondent:Ms. Hemanditka Wahi, Ms. Pinky, MS. E. Enatoli Sema & Somonath Pradhan, Advocates.

JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Gujarat High Court upholding the conviction 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’). 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.

3. Prosecution version in a nutshell is as follows:

The accused married Kantaben (hereinafter referred to as the ‘deceased’) in 1989. 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 not bringing sufficient dowry in the marriage. He also demanded from the victim an amount of Rs.40,000/- for the purpose of purchasing a house. He even wrote letters to the in-laws and demanded Rs.40,000/- for purchasing the house. The demand was persistent. Even threats were administered to the deceased and her family members.

















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