pinaki
Pinakin Mahipatray Rawal Vs. State of Gujarat
[Criminal Appeal No.811 of 2004]
K.S. RADHAKRISHNAN, J.
1. We are in this case concerned with the question as to whether the relationship between A-1 and A-2 was extra-marital leading to cruelty within the meaning of Section 498A IPC and also amounted to abetment leading to the act of suicide within the meaning of Section 306 IPC.
2. A-1, the first accused, along with A-2 and A-3, were charge-sheeted for the offences punishable under Sections 498A, 304-B and 306 IPC. The Sessions Court convicted A-1 for the offence punishable under Section 498A IPC and sentenced him to suffer RI for three years and to pay a fine of Rs.5,000/- and in default to undergo further RI for six months. A-1 was also convicted for offence punishable under Section 306 IPC and sentenced to suffer RI for 10 years and to pay a fine of Rs.5,000/- and in default to undergo further RI for six months. A-2 and A-3, the mother of A-1 were, however, acquitted of the various offences alleged against them. The trial Court also acquitted A-1 of the offence charged against him under Section 304-B IPC. On appeal by A-1, the High Court though confirmed the conviction, modified the sentence under Section 498A IPC to two years' RI and a fine of Rs.2,500/- and in default to undergo further RI for six months, and for the offence under Section 306 IPC, the sentence was reduced to RI for five years and to pay a fine of Rs.5,000/- and in default to undergo RI for one year. It was ordered that the sentences would run concurrently. Aggrieved by the judgment of the High Court, this appeal has been preferred by A-1.
3. Shri Sanjay Visen, learned counsel appearing for the Appellant, submitted that the allegations raised against the accused in respect of the alleged extra-marital relationship with second accused would not constitute an offence under Section 498A IPC. Learned counsel also submitted that the suicidal death of the deceased was not a direct result of the
[Criminal Appeal No.811 of 2004]
K.S. RADHAKRISHNAN, J.
1. We are in this case concerned with the question as to whether the relationship between A-1 and A-2 was extra-marital leading to cruelty within the meaning of Section 498A IPC and also amounted to abetment leading to the act of suicide within the meaning of Section 306 IPC.
2. A-1, the first accused, along with A-2 and A-3, were charge-sheeted for the offences punishable under Sections 498A, 304-B and 306 IPC. The Sessions Court convicted A-1 for the offence punishable under Section 498A IPC and sentenced him to suffer RI for three years and to pay a fine of Rs.5,000/- and in default to undergo further RI for six months. A-1 was also convicted for offence punishable under Section 306 IPC and sentenced to suffer RI for 10 years and to pay a fine of Rs.5,000/- and in default to undergo further RI for six months. A-2 and A-3, the mother of A-1 were, however, acquitted of the various offences alleged against them. The trial Court also acquitted A-1 of the offence charged against him under Section 304-B IPC. On appeal by A-1, the High Court though confirmed the conviction, modified the sentence under Section 498A IPC to two years' RI and a fine of Rs.2,500/- and in default to undergo further RI for six months, and for the offence under Section 306 IPC, the sentence was reduced to RI for five years and to pay a fine of Rs.5,000/- and in default to undergo RI for one year. It was ordered that the sentences would run concurrently. Aggrieved by the judgment of the High Court, this appeal has been preferred by A-1.
3. Shri Sanjay Visen, learned counsel appearing for the Appellant, submitted that the allegations raised against the accused in respect of the alleged extra-marital relationship with second accused would not constitute an offence under Section 498A IPC. Learned counsel also submitted that the suicidal death of the deceased was not a direct result of the