LAWS(GJH)-2016-3-228

THE STATE OF GUJARAT Vs. BHARATBHAI DEVABHAI DODIYA

Decided On March 30, 2016
The State of Gujarat Appellant
V/S
Bharatbhai Devabhai Dodiya Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment and order of acquittal dated 4.5.1994 passed by learned Additional Sessions Judge, Bhavnagar, in Sessions Case No. 176 of 1993. By the impugned judgment, the accused was convicted for the offence punishable under Sec. 498 -A of the Indian Penal Code (for short, 'IPC') and ordered to undergo rigorous imprisonment of three years and to pay a fine of Rs. 1,000/ - and in default of payment of fine, further simple imprisonment of two months was imposed. However, the accused was acquitted from the charge of offence punishable under Sec. 302 of IPC.

(2.) The facts in brief giving rise to the filing of present appeal is as under: -

(3.) At the conclusion of trial and after appreciating the oral as well as documentary evidence, the learned Judge passed the impugned Judgment. Being aggrieved by and dissatisfied with the said judgment and order dated 4.5.1994 passed by learned Additional Sessions Judge, Bhavnagar, in Sessions Case No. 176 of 1993 acquitting the respondent from the charge of offence punishable under Sec. 302 of IPC, the appellant -State has preferred present appeal before this Court.