DINESH RANABHAI VANKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant being accused before the Sessions Court, Rajkot, in Sessions Case No. 116/2002, has been convicted for the offence punishable under section 323 of the Indian Penal Code (IPC) and ordered to suffer rigorous imprisonment (RI) for a period of six months and to pay fine of Rs.1,000/ - with further condition to suffer simple imprisonment (SI) for one week in default of payment of such fine. He is also convicted for the offence punishable under section 498 -A of the IPC and ordered to suffer RI for a period of one year and to pay fine of Rs.1,000/ - with further condition to suffer SI for three weeks in default of payment of such fine. Such orders of conviction are under challenge in the present appeal. Considering the quantum of sentence, the Sessions Court has released the appellant on the same day by suspending the sentence for further period of 30 days. Such order was directed to continue till disposal of this appeal by an order dated 17/6/2003, whereas appeal was admitted on 21/4/2003 by this Court.

(2.) HEARD Ld. Advocate Mr. Budhdhbhatti for the appellant and Mr. KP Raval, Ld APP for the respondent.

(3.) THE charges levelled against the appellant, as transpired from exh. 1 of the record and proceedings of the Sessions Case, are to the effect that the appellant has caused cruelty upon his wife Gauriben, who is victim of the incident and succumbed to her injuries on 3/8/2001. Thereby it was alleged that the appellant has committed offence punishable under sections 498 -A, 323, 504 and 306 of the IPC. However, by the impugned judgment, since the charges were not proved, the appellant is acquitted for the offence punishable under sections 306 and 504 of the IPC. Therefore, the only consideration at present would be to the effect that whether punishment under sections 498 -A and 323 of the IPC are proper or not, since it is challenged on several grounds as set -out in the memo of the appeal by the appellant.