PREMSUKH TRILOKCHAND CHANDAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this appeal, the appellant, original accused, has challenged the judgment and order passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No.5, Surat, in Sessions Case No.116/2005 dated 12.04.2007, whereby, the appellant herein, original accused, has been convicted for the offences punishable u/s. 302 and 498(A) of the Indian Penal Code (for short, "the IPC"). For conviction u/s.302 of the IPC, the appellant has been sentenced to undergo imprisonment for life and fine of Rs.5,000/ and in case of default of payment of fine, simple imprisonment for a further period of three months. For conviction u/s.498 (A)of the IPC, appellant has been sentenced to undergo rigorous imprisonment for one year and fine of Rs.1,000/ and in default of payment of fine, simple imprisonment for a further period of one month. Both the sentences were ordered to run concurrently and the appellant has been given the benefit of setoff.

(2.) THE brief facts of this case are that a complaint was filed by the complainantSatyanarayan Punamchand Soni, inter alia alleging that the marriage of his sister, namely Rajeshwari had been solemnized with the present appellant on 11.11.1997 and out of their wedlock, two children were born. It is further alleged that initially the marriage life of his sister was going smoothly. However, after some time, the appellant started harassing his sister.

(3.) LEARNED APP appearing for the respondentState has submitted that the trial Court after appreciating the evidence on record has passed the impugned judgment order. He further submitted that the trial Court has rightly passed the impugned order since there were ample direct and indirect evidences on record to connect the appellant with the crime.