CHAUDHARY PRAVINBHAI LAVJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal No.2291 of 2008 is by the accused challenging the judgment of conviction and sentence passed by the Special Judge, Patan on 29/8/2008 in Special Atrocity Case No.24 of 2007. The proceeding was under Ss. 498A, 323, 504, 506(2) and 114 of the Indian Penal Code (for short 'I.P.C.') and Sec. 3(i)(x)(xi) of the of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "Atrocities Act"). Accused No.1 came to be convicted under Ss. 498A, 323, 504 and 506(2). While accused No.2 was convicted under Ss. 498A, 323, 504 read with Sec. 114 of the I.P.C.

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(3.) The appellant as accused No.2 Chaudhary Rajiben Wife of Lavjibhai Bababhai and as mother- in-law of complainant, was sentenced for three months simple imprisonment for the offence under Sec. 498A read with Sec. 114 of I.P.C. and ordered to pay a fine of Rs.300.00 and in default of payment of fine further seven days simple imprisonment. For the offence under Sec. 323 read with Sec. 114 I.P.C., the fine of Rs.300.00 was ordered with default stipulation of undergoing seven days simple imprisonment in failure to pay the fine. Similar order was passed for the offence punishable under Sec. 504 I.P.C. of Rs.300.00 fine and in failure to serve seven days simple imprisonment.