( 1 ) APPELLANT ( the accused for short) and another accused, Sajanben Mohanbhai Gohil, were charged and tried by the learned Additional Sessions Judge and 4th Fast Track Court, Nadiad, in Sessions Case No. 207 of 2002 for commission of the offences punishable under Sections 498-A and 306 of the Indian Penal Code ( ipc for short) on the accusation that they inflicted mental and physical cruelty to deceased Nitaben and abetted her to commit suicide. At the end of the trial, as the accused was found guilty of the offences with which he was charged, he was convicted vide judgment and order dated 19. 4. 2006 for commission of the offences punishable under Sections 498-A and 306 of the IPC and sentenced him to suffer RI for two years and fine of Rs. 2,000/- i. d. , RI for two months for commission of the offence punishable under Section 498-A of the IPC and RI for three years and fine of Rs. 3,000/- i. d. , RI for three months for commission of the offence punishable under Section 306 of the IPC. It is also ordered that both the sentences shall run concurrently whereas another accused, Sajanben Mohanbhai Gohil, was acquitted by giving benefit of doubt.

( 2 ) THE accused, aggrieved by the judgment and order of conviction and sentence, has filed Criminal Appeal No. 916 of 2006 with the aid of Section 374 of the Code of Criminal Procedure, 1973 ( the Code for short ).

( 3 ) THE appeal was placed for admission hearing before a learned Single Judge of this Court (during summer vacation ). The learned Single Judge, vide order dated 18. 5. 2006, admitted the appeal. However, the learned single Judge has observed that on perusal of the judgment rendered by the learned Judge and taking into account the entire gamut of evidence and the fact that reasons are not assigned for imposing less sentence under Section 306 of IPC, Suo Motu notice for enhancement of sentence be issued under Section 377 of the Code making it returnable on 14. 6. 2006. The Registry has, therefore, numbered the suo-motu proceedings as Criminal Revision Application No. 364 of 2006.

( 4 ) THE State of Gujarat has also, aggrieved by the judgment and order passed by the trial court, filed Criminal Appeal No. 1640 of 2006 with the aid of Section 377 of the Code, on the ground of inadequacy of the sentence imposed on the accused.

( 5 ) AS all the above numbered proceedings are arising out of the same judgment and order, they are heard together, decided and are being disposed of by this common judgment.

( 6 ) THE prosecution case, as disclosed from the accidental death report and the complaint filed by the complainant, P. W. 2, Sureshbhai Chhotabhai Patel, Ex. 20, who is the cousin brother of deceased Nitaben and unfolded during the trial is as under:1. On 1. 8. 2001, deceased Nitaben, wife of the accused, was shifted to Kheda Civil Hospital by the accused and relatives as she had taken some poisonous substance and was vomiting. She was treated by the doctor and Kheda Police was informed by the Medical Officer on telephone and a telephone-vardhi was registered by Matar Police at about 00. 55 hours on 2. 8. 2001. Matar Police was also informed by the complainant Sureshbhai that by any reason Nitaben had taken poisonous substance at her home and she was admitted in Kheda Civil Hospital and ultimately she died. The span of marriage life was more than 11 years and it was her second marriage and the incident took place at her parental house. Upon this information, an accidental death entry was made vide Entry No. 25/2001 on 2. 8. 2001 at about 2. 15 hours. Pursuant to this entry, the Head Constable started an inquiry. Dead body of Nitaben was sent to Civil Hospital, Kheda for autopsy, recorded the statements of complainant Sureshbhai and other witnesses and also informed higher officer. During his investigation, no offence was disclosed by anyone. 2. Thereafter on 23. 8. 2001, after 23 days, Sureshbhai Chhotabhai Patel, who is the cousin brother of deceased Nitaben