KIRANBHAI AMARATLAL PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant - original accused No.1 has filed the present appeal under Section 374(2) of the Code of Criminal Procedure, 1973 for quashing and setting aside the judgment and order of conviction and sentence dated 25.05.2004 passed by the learned Sessions Judge, Court No.1, Ahmedabad City in Sessions Case No.260 of 2002 (hereinafter be referred to as "the Trial Court"), whereby the learned Sessions Judge has convicted the accused for the offence punishable under Sections 306 and 498A of the Indian Penal Code (hereinafter be referred to as "the IPC") and sentenced him to undergo rigorous imprisonment for five years and fine of Rs.4000/-, in default, to undergo rigorous imprisonment of three months for the offence under Section 306 of the IPC and rigorous imprisonment of three years and fine of Rs.1000/-, in default, to undergo rigorous imprisonment of one month for the offence punishable under Section 498A of the IPC.

(2.) Brief relevant facts of the prosecution case are as under:-

(3.) On the basis of the said incident, the FIR came to be lodged for the offence punishable under Sections 306, 498A and 114 of the IPC against all the accused and they were arrested.