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2018 Supreme(Online)(SC) 557

SUPREME COURT OF INDIA
HON'BLE MR. JUSTICE KURIAN JOSEPH, HON'BLE MR. JUSTICE MOHAN M. SHANTANAGOUDAR
DINESH KUMAR KALIDAS PATEL – Appellant
Versus
THE STATE OF GUJARAT – Respondent


Advocates:
Petitioner's Advocate: VIPIN NAIR
Respondent's Advocate: HEMANTIKA WAHI

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 265-266 OF 2018 (Arising out of S.L.P.(Criminal) Nos. 1815-1816 of 2016)

DINESH KUMAR KALIDAS PATEL ... APPELLANT (S)

VERSUS THE STATE OF GUJARAT ... RESPONDENT (S)

J U D G M E N T

KURIAN, J.:

Leave granted.

2. The appellant was convicted by the Sessions Judge, Mehsana (State of Gujarat) for offences under Sections 498A and 201 of the Indian Penal Code, 1860 (hereinafter referred to as “the IPC”). A sentence of one year rigorous imprisonment and a penalty of Rs.1,000/- with a default sentence of three Signature Not Verified NARENDRA PRASAD Date: 2018m.02.12onths was awarded under Section 498A and six months and Reason:

Rs.500/- with a default sentence of one month for the offence under Section 201 of the IPC.

3. This is a case where the appellant’s wife committed suicide by hanging. The incident took place on 26.12.1990. The information was conveyed to the family of the deceased. The father and brother of the deceased, who is a doctor by profession, attended the last rites. After more than three months, the father of the deceased filed a complaint before the Judicial Magistrate at Kadi on 01.04.1

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