STATE OF GUJARAT Vs. MADHUSUDAN NARAYANDAS MISTRI

JUDGEMENT

(1.) ON 13.07.2006 while admitting the Appeal the following order was passed : -

(2.) BY way of this Appeal, the Apellant State has felt aggrieved by the judgment and order of acquittal dated 14.10.2003 passed by the learned Additional Sessions Judge (Fast Track Court No.1), Vadodara in Sessions Case No.16/2003 whereby the other accused were acquitted of the offences punishable under Sections 498(A) and 306 of the Indian Penal Code, whereas Under Section 498A of the Indian Penal Code The accused No.1 (Madhusudan Narayandas Mistri) was ordered to undergo rigorous imprisonment for three years and fine of Rs.5,000/ - and in default, rigorous imprisonment for three months.

(3.) TODAY , when the matter is listed learned Advocate Mr. Kaushal D. Pandya for the respondents states that Madhusudan Narayandas Mistri had challenged his conviction. He was an under trial prisoner and had undergone the sentence. As leave is refused qua respondents No.2, 3 and 4, nothing remains. The learned Additional Sessions Judge convicted the accused No.1 under Section 498(A) of the Indian Penal Code. The appellant State has challenged the acquittal of the accused No.1 under Section 306 of the Indian Penal Code.