J. R. VORA, J. A charge-sheet came to be filed against in all six accused for the offences punishable under Secs. 306, 498A, 201 read with Sec. 114 of the Indian Penal Code. Those six accused are viz., (I) Ghusabhai Raisingbhai Chorasia; (2) Rakesh Ghusabhai Chorasia; (3) Bakuben W/o. Ghusabhai Chorasia; (4) Jasuben @ Gaduben Rakeshbhai; (5) Sangitaben W/o. Vijaybhai,. and (6) Vijay Ghusabhai Chorasia. Thereafter, 7 accused-Kailash being juvenile was not charge-sheeted along with these accused in the Court of learned Judicial Magistrate, First Class, Jamnagar. The said criminal case was committed to the Court of learned Sessions Judge at Jamnagar and was registered as Sessions Case No. 62 of 2004. Learned Additional Sessions Judge, Jamnagar vide his judgment and order dated 15th February, 2005 convicted accused Nos. 1 to 4 for the above-said charges and acquitted above accused Nos. 5 and 6. Accused Nos. I and 2 were sentenced to undergo imprisonment of two years each and accused Nos. 3 and 4 were sentenced to undergo one year imprisonment for the offence punishable under Sec. 498A of the Indian Penal Code. For the offence punishable under Sec. 306 of Indian Penal Code read with Sec. 114 of the Indian Penal Code, accused No. 1 was sentenced to undergo imprisonment of five years and to pay a fine of Rs. 250/- in default to undergo one month imprisonment; accused No.2-Rakesh Ghusabhai was sentenced to undergo seven years imprisonment and to pay a fine of Rs. 500/- in default to undergo imprisonment of two years; accused No. 3-Bakuben was sentenced to undergo three years imprisonment and to pay a fine of Rs. 250/- in default to undergo one month imprisonment; accused No. 4-Jasuben @ Gaduben was sentenced to undergo three years imprisonment and to pay a fine of Rs. 250/- in default to undergo further imprisonment of one month.

2. Accused Nos. 1 to 4 above also were convicted for the offence punishable under Sec. 201 of the Indian Penal Code and each of them were sentenced to undergo simple imprisonment of six months. As stated above, original accused Nos. 5 and 6 were acquitted by the learned trial Judge of all the charges.

3. Being aggrieved, Criminal Appeal No. 444 of 2005 has been preferred by original accused Nos. 1 to 4 under Sec. 374 of the Code of Criminal Procedure against the judgment and order of conviction and sentence as aforesaid.

4. Criminal Appeal No. 2408 of 2005 is preferred by the State under Sec. 377(1) of the Code of Criminal Procedure against accused Nos. 1, 2, 3 and 4 for enhancement of sentences awarded to each of the accused.

S. Criminal Appeal No. 2410 of 2005 is also preferred by the State against original accused Nos. 5 and 6 under Sec. 378(1) of the Code of Criminal Procedure against the judgment and order of acquittal in respect of accused Nos. 5 and 6 as stated above.

6. As per the brief facts of the case, victim-Biniben-deceased in the incident was wife of accused No.2-Rakesh Ghusabhai. Accused No. I-Ghusabhai is father-in-law; accused No. 3-Bakuben is mother-in-law of the deceased-Biniben; accused No. 4-Jasuben @ Gaduben is the accused against whom it is alleged by the prosecution that accused No.2-Rakesh Gusabhai had illicit relation and that was the cause to execute cruelty upon the deceased and the status of Jasuben was, as kept of accused N.2. .Accused No. 6- Vijaybhai Ghusabhai Chorasia is elder brother of accused No.2 and accused No. 5-Sangitaben is wife of accused No. 6- Vijaybhai Ghusabhai Chorasia.

7. As per the prosecution case, stating in brief, before the incident which occurred at about 4 March, 2004 22-30 hours, about more than seven years deceased-Biniben had married to accused No.2-Rakesh according to caste custom. When she joined her in-laws house, all the five accused were staying together and accused No. 2 was doing miscellaneous work. Her husband i. e. accused No. 2 then started quarreling and was not doing thereafter any work and was in habit of taking liquor and was a gambler. Accordi

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