(1.) This is an appeal filed by the complainant under Section 372 of the Code of Criminal Procedure (hereinafter referred as 'Code') seeking enhancement of sentence under Section 307 IPC imposed by the learned Additional Sessions Judge while passing the judgment dated 1st September, 2012 whereby respondent No. 2 was sentenced to undergo rigorous imprisonment for a period of three years and fine of Rs. 1 lac. Prosecution case, succinctly stated is as follows:--
(2.) After completing investigation, the charge sheet was submitted against the accused. He pleaded not guilty to the charges framed against him u/s. 498A/307/506 IPC.
(3.) In order to substantiate its case, prosecution in all examined 20 witnesses. The case of accused was one of the denial simplicitor. He did not opt to lead any defence evidence. After appreciating the evidence led by the prosecution and hearing submissions of learned counsel for parties, vide judgment dated 28th August, 2012, the accused was acquitted of the offences u/s. 498A/506 IPC. However, he was convicted under Section 307 IPC. Vide impugned order on sentence dated 1st September, 2012, the accused was sentenced to undergo rigorous imprisonment for three years and to pay fine of Rs. 1,00,000/- out of which a sum of Rs. 80,000/- was ordered to be given to the injured as compensation, in default of payment of fine he was to undergo simple imprisonment for six months.
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