Modification of Judgment dtd. 28/11/2025 in R/CR.A/133/2004 undefined IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 133 of 2004 [On note for speaking to minutes of order dated 28/11/2025 in R/CR.A/133/2004 ]

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ASHOKKUMAR HARSHADBHAI BRAHMIN & ORS.

Versus STATE OF GUJARAT ==========================================================

Appearance:

ABATED for the Appellant(s) No. 1 MR PARAM R BUCH(5625) for the Appellant(s) No. 1.1,1.2,1.3 PUBLIC PROSECUTOR for the Opponent(s)/Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE GITA GOPI Date : 04/12/2025

ORAL ORDER

1. The present criminal appeal has been placed below note for speaking to minutes, wherein it has been stated that due to typographical error in the oral judgment dated 28.11.2025, in paragraph No.1, 7^th line on Page No.2, date has been inadvertently transcribed as “20.11.2003” instead of “20.12.2003” and in paragraph No.26, in second line on Page No.38, date has been inadvertently transcribed as “20.11.2023” instead of “20.12.2003”.

2. In view of the same, the oral judgment dated 28.11.2025 in Criminal Appeal No.133 of 2004 is rectified. The date in paragraph No.1, 7^th line on Modification of Judgment dtd. 28/11/2025 in R/CR.A/133/2004 undefined Page No.2 as “20.11.2003” be read as “20.12.2003” and the date in paragraph No.26, in second line on Page No.38 as “20.11.2023” be read as “20.12.2003”

3. Thus, the notes for speaking to minutes stands disposed of.

(GITA GOPI,J)

PARMAR KRISH IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 133 of 2004 FOR APPROVAL AND SIGNATURE:

HONOURABLE MS. JUSTICE GITA GOPI ==========================================================

Approved for Reporting Yes No ==========================================================

ASHOKKUMAR HARSHADBHAI BRAHMIN & ORS.

Versus STATE OF GUJARAT ==========================================================

Appearance:

ABATED for the Appellant(s) No. 1 MR PARAM R BUCH(5625) for the Appellant(s) No. 1.1,1.2,1.3 MR HARDIK MEHTA APP for the Opponent(s)/Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MS. JUSTICE GITA GOPI Date : 28/11/2025

ORAL JUDGMENT

1. The appeal is proceeded by the heirs of the original appellant-accused. The heirs are two daughters and one son of the deceased-appellant, who came to be convicted for the offence punishable under Section 498A of Indian Penal Code (hereinafter referred to as ‘I.P.C’), while was acquitted for the offence punishable under Section 306 I.P.C and Sections 4 and 5 of the Dowry Prohibition Act. The sentence ordered is one year of rigorous imprisonment with fine of Rs.500/- and in failure of payment, further to undergo 15 days rigorous imprisonment. The judgment of conviction was passed by the learned Sessions Judge, Banaskatha, District Palanpur on

20.11.2003 in Sessions Case No.55 of 1997.

2. The wife of the original appellant-accused committed suicide by self-immolation by pouring kerosene on her body and alighted herself. The marriage of the deceased - Manjula was with the accused - Ashokkumar in the year 1981, who resided at village Vav. The alleged incident was dated

24.03.1994 at 5 p.m.

3. The case of the prosecution was that, for about five years, the matrimonial life was good thereafter, the accused became liquor addict and had gone out of line. The accused was beating his wife and torturing her. Many a times he demanded money from her. She took the money from the complainant’s house.

3.1 The reliance has been placed on postal letters which were communicated from the side of the complainant as well as from the appellant and the deceased. The reliance on the letters by the prosecution is to substantiate the case of dowry demand and mental and physical harassment, while the defence has relied on the letters to prove that the allegations had been rebutted during the process of trial by the postal com