PUNAJI DHANAJI BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is at the instance of a convict for the offences punishable under sections 302, 323 and 498A of the Indian Penal Code and is directed against an order of conviction and sentence dated 27th June 2007 passed by the learned Additional Sessions Judge, Fast Track Court No.3, Ahmedabad [Rural], at Ahmedabad in Sessions Case No. 33 of 2006. By the aforesaid order, the learned Sessions Judge found the appellant guilty of the offences punishable under sections 302, 323 and 498A of the Indian Penal Code and consequently, sentenced him to suffer life imprisonment and a fine of Rs.5000/ - for the offence punishable under section 302 of the Indian Penal Code. In default of payment of fine, the appellant was directed to undergo further rigorous imprisonment for 3 months. So far as the offence punishable under section 498A of the IPC was concerned, the appellant was sentenced to one year's rigorous imprisonment and a fine of Rs.500/ -. In default of payment of fine, he was directed to undergo a further rigorous imprisonment for 3 months. Similarly, as regards the offence punishable under section 323 of the Indian Penal Code, the appellant was directed to undergo rigorous imprisonment for six months and was imposed with a fine of Rs.250/ -, with a further stipulation that in case of default of payment of fine, he would undergo further rigorous imprisonment for 2 months.

(2.) THE case made out by the prosecution may be summarized thus:

(3.) <FRM>JUDGEMENT_570_LAWS(GJH)7_2012.htm</FRM> 3.12 The following pieces of documentary evidence were adduced by the prosecution. <FRM>JUDGEMENT_570_LAWS(GJH)7_12012.htm</FRM>