PINTOO SOMABHAI BARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal by the appellant-convict, challenging the judgment and order, dtd.: 28/2/2013, passed by the learned Additional Sessions Judge, Panchamahal at Godhra, in Sessions Case No. 100 of 2012, convicting the appellant under Sec. 302 of the IPC and sentencing him to undergo imprisonment for life and to pay fine of Rs.10,000.00 and in default to undergo further simple imprisonment for the period of three months so also convicting him for the offence under Sec. 201 of the IPC and sentencing him to undergo imprisonment for one year and to pay fine of Rs.1,000.00 and in default to undergo further simple imprisonment for one month. However, while so ordering, the trial Court acquitted the two other co-accused.

(2.) The brief facts of the case of the prosecution are as under; The original complainant-Samaratben Chhatrabhai Baria filed a complaint against the present appellant, wherein, it is stated that the complainant is the first wife of the deceased, Chhatrabhai and before about three years from the date of the alleged offence, the deceased, Chhatrabhai, got married with one Lalitaben, as per the customs of their caste, since, the complainant was unable to conceive.

(3.) Heard, learned Advocate, Mr. Barot, for the appellant and learned APP, Mr. Patel, for the Respondent-State.