STATE OF GUJARAT Vs. VALLABHBHAI JERAMBHAI GOTI

JUDGEMENT

(1.) Criminal Appeal No.603 of 2004 is filed by the appellant - State of Gujarat against the acquittal of accused no.1 in respect of offence punishable under Ss. 306 read with sec. 114 Indian Penal Code and in respect of accused Nos.2 to 5 for acquittal for the offences punishable under Ss. 498 A, 302, 306, 107 and 114 of Indian Penal Code passed by learned Sessions Judge, Surat in Sessions case No.264 of 1999 dtd. 04/02/2004. Whereas the Criminal Appeal No.298 of 2004 is preferred by the org. accused No.1 against the said judgment and order convicting accused No.1 under Ss. 498-A r/w sec.107 of the Indian Penal Code and sentenced him to suffer R.I. for 3 years and to pay a fine of Rs.5,000.00 in default to undergo R.I. for 6 months.

(2.) The brief facts leading to the filing of the present appeal are as under:

(3.) We have heard learned APP for the appellant - State, learned Advocate Mr. Shethna, appearing for the org. accused No.1 and minutely examined oral and documentary evidence adduced and produced before the learned Sessions Court concerned.