JAYESHKUMAR @ TIKO BHAGVANDAS SHAH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Criminal Appeal is filed under Section 374 of the Code of Criminal Procedure by the original accused No.1 and is directed against the judgment and order dated 8.9.2006 passed by the Additional Sessions Judge, Fast Track Court No.2, Surendranagar in Sessions Case No. 27 of 2005.

(2.) By the said judgment and order, which is impugned in present appeal, learned Court has acquitted the original accused No.2 from the charge of offence punishable under Sections 306, 498-A of Indian Penal Code and the learned Court has recorded conviction against original accused No.1 (i.e. present appellant) for commission of offence punishable under Sections 306 and 498-A of Indian Penal Code. For the offence punishable under Section 306 of IPC the learned Court has sentenced the appellant to undergo RI for 5 years and to pay fine in sum of Rs. 2500/- and in default to undergo RI for 6 months. For offence punishable under Section 498(A) the learned Court has also sentenced the appellant to undergo RI for 3 years and for the said offence he is also ordered to pay fine in sum of Rs.2000/- and in event of default he is ordered to undergo RI for 6 months.

(3.) Bereft of other details, the case put up by the prosecution is that a complaint came to be filed on 31.8.2004 by the mother of the deceased wherein the complainant alleged that her 24 years old daughter and the appellant got married about 15/18 months before the date of the incident.