The main legal point established in the judgment is the interpretation of evidence to determine the guilt of the accused for different offences under the Indian Penal Code, including the absence of evidence for demand of dowry or abetment to suicide, and the consideration of appropriate punishment for the offence under Section 498-A of the Indian Penal Code.

M.R. Shah, J.

1. As both these appeals arise out of the impugned judgment and order passed by the learned Sessions Court, Surendrangar passed in Sessions Case No. 70 of 2009, both these appeals are decided and disposed of by this common judgment and order.

2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 5.9.2011 passed in Sessions Case No. 70 of 2009, by which, learned trial Court has acquitted original accused for the offence under Sections 304(B), 306 r/w Section 114 of the Indian Penal Code, State of Gujarat has preferred present Criminal Appeal No. 1668 of 2012 under Section 378 of the Code of Criminal Procedure.

2.1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned trial Court in so far as granting benefit of probation to the original accused Nos. 1, 3 and 4 while convicting them for the offences punishable under Section 498-A of the Indian Penal Code, the State has preferred Criminal Appeal No. 29 of 2012 under Section 377 of the Code of Criminal Procedure for enhancement of sentence.

3. The prosecution case in nutshell is as under:

3.1. That the complaint was lodged by the deceased herself. As per the case of the prosecution, at the time of incident, victim Dipikaben was at her father's home. She was at her father's home since one month because of miscarriage. The original accused Nos. 1 and 2 father in law and husband of the victim came at about 5.00 p.m. on 2.5.2009 to take her with them. According to the prosecution, father of the victim persuaded original accused No. 1 and 2 to stay over for a night and they may take the victim with them on the next day morning. That the original accused Nos. 1 and 2 stayed over night. Next day morning the original accused Nos. 1 and 2 stated that they do not want to take the victim with them and they are considering of divorce. With such say, they left the house without taking the victim with them. Them left at about 9.30 in the morning. Thereafter, father of the victim had gone to purchase the vegetables and the victim felt very badly as original accused Nos. 1 and 2 had left and had not taken her with them and therefore, she sprinkled kerosene over herself from 5 liter cane and then ignited fire. Upon hearing shouts, brother of the deceased who was playing outside, rushed into the house. He poured the water over her. The brother and cousin brother took the victim to the CJ Hospital in rickshaw and in the hospital the victim herself lodged the complaint while she was under treatment. The Medical Officer sent Yadi to Executive Magistrate and Executive Magistrate recorded the dying declaration of the deceased on 3.5.2009 at about 11.55 a.m. which was completed at 12.30 hours. That the Medical Officer of CJ Hospital also sent the Yadi to the Surendranagar City Police Station which was registered as Janavajog Entry No. 23 of 2009 dated 3.5.2009 which was received by the PW No. 14 Mahendrasinh A. Zala, ASI Surendranagar Police Station. PW No. 14 - Mahendrasinh A. Zala rushed to the hospital and recorded the complaint given by the victim herself which was sent to the Surendranagar City Police Station, which was registered as CR-II-3108 of 2009 against the original accused initially for the offence under Section 498 and 114 of the Indian Penal Code. The Investigating Officer recorded the statement of the concerned witnesses. He prepared the panchnama of the place of the incident. He also recovered the cloths of the victim. He arrested the accused on 19.05.2009. While taking the treatment, the victim Dipikaben succumbed to the burn injuries and died on 31.05.2009. He obtained the inquest panchnama and postmortem report of the deceased. Thereafter, investigation was handed to PSI Shri Mahendrasinh Harisinh Zala on 1.6.2009. Prior thereto, a report was sent to the Chief Judicial Magistrate to add the offe