BARKTALI MOHMEDNAZEER SHAIKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 27.4.1994 passed by the learned Additional City Sessions Judge, Court no. 3, Ahmedabad in Sessions Case No. 264/1990, whereby, the learned Sessions Judge has acquitted the present appellant-original accused no. 1 for the offence punishable under section 306 of IPC and convicted the present appellant-original accused no. 1 under sec. 498-A of IPC and sentenced to undergo R/I of two years and to pay a fine of Rs. 2000/-, in default, to undergo further R/I for six months, which is impugned in this appeal. However, the learned Sessions Judge has acquitted the original accused nos. 2 and 3, and against the said acquittal, the State has not preferred any acquittal appeal.

(2.) THE brief facts of the prosecution case is as under:

(3.) THEREAFTER, the charge was framed at Ex. 1 against the accused persons. The accused have pleaded not guilty and claimed to be tried.