(1.) By way of present appeal under Sec. 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "CrPC" for short), the appellants have challenged the judgment and order of conviction and sentence dtd. 17/7/2003 passed by the learned Additional Sessions Judge, 3rd Fast Track Court, Palanpur in Sessions Case No.28/1998, whereby the appellants have been convicted for the offences under Ss. 498(A), 306 read with Sec. 114 of the Indian Penal Code (hereinafter referred to as "IPC" for short) and thereby sentenced them to undergo three years simple imprisonment and fine of Rs.1,000.00, in default, to undergo two months simple imprisonment for the offence under Sec. 498(A) read with Sec. 114 of the IPC and also sentenced to undergo five years simple imprisonment and fine of Rs.2,000.00, in default, to undergo five months simple imprisonment for the offence under Sec. 306 read with Sec. 114 of the IPC. It is also ordered to run both the sentences concurrently and appellants shall be given set off for the period which they have undergone during trial.
(2.) At this stage, it is required to be mentioned that pending this appeal, the appellant no.3 - original accused no.3 passed away and, hence, the present appeal qua the appellant no.3 - original accused no.3 stood abated vide order dtd. 7/10/2019 and is confined to appellant nos.1 and 2.
(3.) The brief facts leading to filing of the present appeal are as under,
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