JUDGMENT :

Abdullah Gulamahmed Uraizee, J.

1. The appellants have assailed the judgment and order on sentence dated 28.11.2000 passed by the learned Joint and District Judge and Second Fast Track Judge, Nadiyad in Sessions Case No. 143 of 2000 where under while acquitting accused Nos. 1 and 4, the appellants were convicted under sections 498A and 306 read with section 114 of IPC. Both the appellants are sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs. 1000/- each. In default, to suffer further simple imprisonment for four months for offence under section 498A of IPC and they are sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs. 2000/- each. In default, to suffer simple imprisonment for six months for offence under section 306 of IPC.

2. The facts in brief giving rise to the present appeal as could be gathered from the impugned judgment and connected material are that marriage of the deceased Farjana was solemnized with acquitted accused No. 1-Irshadali Gulamnabi Momin two years prior to 30.09.1998. The deceased had come to her parental home after six months of the marriage and had disclosed that appellants were subjecting her to taunts for not bearing child and had also telling her that if she does not bear child they would marry off acquitted accused No. 1 second time. The appellants were also subjecting the deceased to mental and physical cruelty. Deceased returned to her matrimonial home after four months. However, the appellants left her at her parental home after five months when she was ill with an assurance that she would be taken back after she recover but even after two months, nobody came to take her back. Thereafter, deceased was sent to her matrimonial home with PW 9 and 10, and acquitted accused persons were requested not to harass the deceased. At that time also, present appellant told that they do not want to keep the deceased as she was not able to bear child. The appellants and acquitted accused persons were also demanding Rs. 20,000-25,000/-. However, Rs. 5000/- was given so that the deceased was not harassed. On 19.09.1998, the deceased Farajana set herself ablaze by pouring kerosene. She was taken to V.S. Hospital, Ahmedabad where her dying declaration Exh. 22 was recorded. A statement of the deceased on the basis of which FIR was registered. Deceased Farajana thereafter succumbed to the burn injuries.

3. Accordingly, complaint being C.R. No. I-42/1998 came to be registered with Kheda Town Police Station for the offences punishable under sections 498A, 306, 201, 114 of IPC and under section 3(10) of the Dowry Prohibition Act.

4. On the basis of the complaint, the investigation was carried out. Upon conclusion of investigation, since the investigating officer found a prima facie case against the accused, the charge-sheet was filed against them in the Court of learned Judicial Magistrate, Kheda which came to be registered as Criminal Case No. 666 of 1998. As the offence was exclusively triable by the Court of Sessions, the learned Magistrate committed the case under Section 209 of the Code to the Court of Sessions which was numbered as Sessions Case No. 143 of 2000.

5. The Sessions Court framed charges against the accused vide Exhibit-7. The same was read over and explained to the accused - appellants, who pleaded not guilty and claimed to be tried. The prosecution, therefore, adduced various ocular and documentary evidences to prove the guilt of the accused.

6. Upon conclusion of the trial, statement under section 313 of the Code of the accused-appellants came to be recorded. The trial Court, after considering the evidence on record and arguments of learned APP and learned advocate for the accused, convicted the appellant-accused by the impugned judgment and order.

7. I have heard Mr. B.P. Munshi, learned advocate for the appellants Mr. K.L. Pandya, learned APP for the respondent-State. Perused the record of Sessions Case No. 143 of 2000.

8. Mr. Munshi, lear