DINESHKUMAR PRABHASHANKAR BHATT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the judgment and order passed in Sessions Case No. 123/94 dated 12.4.1996 by the learned Addl. Sessions Judge, Mehsana, recording the conviction of the appellant -accused for offence under Section 306 of IPC and imposing RI for 4 years and fine of Rs. 1,000/ -, in default RI for 3 months and also recording conviction for offence under Section 498A of IPC and imposing sentence of RI for 1 year and fine of Rs. 500/ -, in default RI for one month. Both the sentences were ordered to run concurrently.

(2.) THE facts of the case, briefly summarised, are as follows:

(3.) IT is this judgment and order which has been assailed on the grounds, inter alia, that the learned Addl. Sessions judge ought to have appreciated the dying declaration (DD), wherein she has stated that she committed suicide because of exchange of words/quarrel for her attending supervision work in the SSC examination. It is also contended that the learned Addl. Sessions Judge has failed to appreciate the material and evidence on record. It is contended that the learned Judge has failed to appreciate the medical evidence in the form of testimony of Dr. Surendra Sharma, PW -8, Exh. 28, and the correction in the DD where initially some words stated by the deceased "while preparing food" has been erased.