Amitava Roy JUDGMENT
Kurian Joseph, J.
1. 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 months was awarded Under Section 498A and six months and Rs. 500/- with a default sentence of one month for the offence Under Section 201 of the Indian Penal Code.
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 01.04.1991. The same was investigated, and the Appellant was charged Under Sections 304B, 306, 498A and 201 read with Section 120B of the Indian Penal Code and Section 4 of the Dowry Prohibition Act, 1961. Along with the Appellant, seven other persons also faced the trial. By judgment dated 12.09.1995, the Sessions Judge convicted the Appellant Under Sections 498A and 201 of the Indian Penal Code but acquitted the seven others.
4. The appeals filed in 1995 were heard in the year 2015 and, as per the impugned judgment, the Appellant was acquitted of the offence Under Section 498A of the Indian Penal Code but conviction Under Section 201 of the Indian Penal Code was maintained. Thus aggrieved, the Appellant is before this Court.
5. Heard learned Counsel appearing for the Appellant and learned Counsel appearing for the State.
6. Several contentions have been raised on merits. That apart, the Appellant has also raised a question of law as to whether the conviction Under Section 201 of the Indian Penal Code could have been maintained while acquitting him of the main offence Under Section 498A of the Indian Penal Code.
7. Learned Counsel have placed reliance on the decisions of this Court in Palvinder Kaur v. State of Punjab