BHADRESHMUKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal is filed by the appellant - original accused under Sec. 374 of the Code of Criminal Procedure, 1973, (for short "the Cr.P.C.") against the judgment and order of conviction dtd. 13/12/2000 passed by the learned Additional Sessions Judge, Ahmedabad (Rural) at Gandhinagar in Sessions Case No.31 of 2000 whereby, the learned Judge has convicted the appellant and sentenced to undergo rigorous imprisonment for a period of 3 years for the offence punishable under Sec. 376 of the Indian Penal Code and awarded fine of Rs.1,000.00 and in default of payment of fine, two months simple imprisonment and to undergo rigorous imprisonment for a period of 2 years for the offence punishable under Sec. 366 of the Indian Penal Code and awarded fine of Rs.500.00 and in default of payment of fine, one month simple imprisonment and to undergo rigorous imprisonment for a period of 3 years for the offence punishable under Sec. 497 of the Indian Penal Code and awarded fine of Rs.1,000.00 and in default of payment of fine, two months simple imprisonment and to undergo rigorous imprisonment for a period of 1 year for the offence punishable under Sec. 498 of the Indian Penal Code and awarded fine of Rs.500.00 and in default of payment of fine, one month simple imprisonment.

(2.) The brief facts giving rise to the present Appeal are that the informant Gopalbhai Jivatram Vyas is the husband of Meenaben. They both married 9 years before the incident. They had two children. On 4/6/1998 at 5.00 a.m. the wife of the informant woke up to fetch water, at that time the informant and his children were sleeping. When at 7.00 a.m. the informant woke up and found that his wife Meena is not in the house, he inquired about her in neighbourhood and at that time his Niece informed him that she has seen Meena going out on the road.

(3.) In order to bring home charge, the prosecution has examined several witnesses and also produced documentary evidence before the Trial Court, which are as under: - <IMG>JUDGEMENT_1003_LAWS(GJH)8_2023_1.jpg</IMG>