HITESH RAMNIKLAL JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal, under section 378(1) (3) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 21.11.2009 passed by the learned Additional Sessions Judge, Fast Track Court, Veraval, Camp at Una, in Sessions Case No.9 of 2007, whereby the accused persons have been convicted and sentenced for the offences punishable under Sections 498(A), 306 and 114 of the Indian Penal Code. Learned Sessions Judge ordered the appellants to undergo three years rigorous imprisonment and fine of Rs.5000/ -, in default, further simple imprisonment of six months for the offences punishable under Sections 498(A) and 114 of the Indian Penal Code. For the offences punishable under Sections 306 and 114 of the Indian Penal Code, the appellants were ordered to undergo 10 years rigorous imprisonment and fine of Rs.12000/ - each, in default, further simple imprisonment of one year. The appellants were acquitted for offences punishable under Section 304(B) read with Section 114 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. The appellants have been given set off for the undergone period. All the sentences shall run concurrently. The appellant No.1 has been already released from the jail, as he completed his sentence imposed by the learned Sessions Judge.

(2.) THE brief facts of the prosecution case are as under:

(3.) LEARNED advocate for the appellants fairly submitted that the appellant No.1 is already released from the jail, therefore, present appeal is not pressed qua the appellant No.1. So far as appellant Nos.2 and 3 are concerned, he submitted that they are innocent and they are mother -in -law and sister -in -law of the deceased.