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2011 Supreme(SC) 191

CHANDRAMAULI KR.PRASAD, HARJIT SINGH BEDI
Sharadbhai Jivanlal Vaniya – Appellant
Versus
State of Gujarat – Respondent


Advocates appeared:
For the Appellant : -----
For the Respondent: ----

Judgment :

1. The appellant was put on trial for commission of the offence under Sections 498-A and 304-B read with Section 114 of the Indian Penal Code. Additional Sessions Judge, Rajkot, by judgment dated 22nd of January, 1997 passed in Sessions Case No.138 of 1991, acquitted the appellant. Aggrieved by the same, State of Gujarat preferred Criminal Appeal No. 335 of 1997 and the High Court by the impugned judgment dated 6th of May, 2004 and 23rd June, 2004 set aside the order of acquittal and convicted the appellant for offence under Section 306 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for five years. He was also held guilty of offence under Section 498-A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for one and a half years.

2. Aggrieved by the same, the appellant has preferred this appeal.

3. According to the prosecution, appellant had married Binaben, the daughter of Jaysukhlal about two years before her death. She was ill-treated by the appellant and his mother Jayaben for demand of dowry and for that reason on 2nd of June, 1990, Binaben committed suicide by setting herself on fire. A case was registered and after inv








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