Manubhai Khusalbhai Vankar & 1 Other(S) vs State Of Gujarat

At the outset of hearing, Mr.M.M.Tirmizi, learned advocate for the appellants - accused submitted that though the accused came to be charged for the offence punishable under sections 306 and 498-A of Indian Penal Code and after conclusion of trial and hearing, the appellants accused were found to be guilty to the extent of offence punishable under section 498-A of IPC only and he came to be acquitted for the offence punishable under section 306 of IPC. In view of the aforesaid factual position, Mr.Tirmizi urged that the incident in question occurred before 29 years back and the husband is already retired as a teacher and therefore, necessarily the dispute was between the husband and wife and the wife of the appellant husband had written several letters indicating they were happily and normally residing together.

This Court has heard Mr.M.M.Tirmizi, learned advocate for the appellants - accused and Ms.Bhatt, learned APP for the State.

This Court has minutely gone through the Record and Proceedings. Though learned APP has strongly opposed for reduction of sentence, but the facts and circumstances of the case clearly indicate that it was private dispute between the appellants - accused on one hand and the wife on the other-hand and in view of the letters addressed by the deceased wife to the appellant husband and mother-in-law clearly indicate that she was unhappy with her fostering mother, due to which, entire incident appears to have happened. Be that as it may. Since several years are passed and in order to put an end to the matter, this Court deems it appropriate to reduce the sentence to the extent of the sentence already undergone by the appellants while enhancing the amount of fine payable by the husband at Rs.30,000/- and mother-in-law at Rs.10,000/-.

For the reasons recorded above, the appeal succeeds partly. The impugned judgment and order dated 24.1.2002 passed by learned Additional Sessions Judge, Nadiad in Sessions Case No.176 of 1993 is confirmed so far it relates to conviction. The appellants accused are convicted and sentence is imposed to the extent they have already undergone. The appellants accused needs not to surrender before the jail authority for serving the sentence. The appellant husband is directed to deposit fine of Rs.30,000/- and mother-in-law to pay fine of Rs.10,000/- within a period of two months before learned trial Court. In default of payment of fine, the appellants accused to undergo imprisonment for three months. The case stands closed. Bail bond, if any, stands cancelled. Record & Proceedings, if any, be sent back to the trial Court concerned forthwith.