ASHOKBHAI SHANABHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is at the instance of a convict for offence punishable under section 498A and section 304 Part-II of the Indian Penal Code and is directed against the order of conviction and consequent sentence dated 21st June 2007 passed by the learned Additional Sessions Judge, Fast Track Court No.4, Bharuch, in Sessions Case No. 4 of 2007. By the said order, the learned trial judge passed a sentence for simple imprisonment for 1 year and to pay a fine of Rs.500/- for the offence punishable under section 498A of the Indian Penal Code, with a further stipulation that in default of payment of fine, he would undergo further simple imprisonment for 15 days. So far as the offence punishable under section 304 Part-II is concerned, the accused was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.1000/- with a further condition that in case of failure to pay the fine, he would undergo further rigorous imprisonment for 3 months. The period of imprisonment undergone as under-trial prisoner was ordered to be set of.

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

(3.) AT the time of hearing, the prosecution has examined the following witnesses.