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2018 Supreme(SC) 132

KURIAN JOSEPH, AMITAVA ROY
Dinesh Kumar Kalidas Patel – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Appellant :- P.B. Suresh, Vipin Nair, Abhay Pratap Singh, Advs.
For the Respondents:- Ms. Hemantika Wahi, Ms. Puja Singh, Advs.

JUDGMENT

Kurian, J.

Leave granted.

2. The appellant was convicted by the Sessions Judge, Mehsana (State of Gujarat) for offences under Sections 498A and 201 of the Indian Penal Code, 1860 (hereinafter referred to as "the IPC"). A sentence of one year rigorous imprisonment and a penalty of Rs. 1,000/- with a default sentence of three months was awarded under Section 498A and six months and Rs. 500/- with a default sentence of one month for the offence under Section 201 of the IPC.

3. This is a case where the appellant's wife committed suicide by hanging. The incident took place on 26.12.1990. The information was conveyed to the family of the deceased. The father and brother of the deceased, who is a doctor by profession, attended the last rites. After more than three months, the father of the deceased filed a complaint before the Judicial Magistrate at Kadi on 01.04.1991. The same was investigated, and the appellant was charged under Sections 304B, 306, 498A and 201 read with Section 120B of the IPC and Section 4 of the Dowry Prohibition Act, 1961. Along with the appellant, seven other persons also faced the trial. By judgment dated 12.09.1995, the Sessions Judge convicted the appellant







































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