STATE OF GUJARAT Vs. BHIKHABHAI MOHANBHAI CHAUHAN

JUDGEMENT

(1.) As both these appeals arise out of the impugned judgment and order passed by the learned Additional Sessions Judge (2nd Fast Track Court), Amreli (hereinafter referred to as "trial Court"), both preferred by the State, one challenging the impugned judgment and order of acquittal passed by the learned trial Court acquitting the original accused for the offences punishable under Sections 498A, 504, 307 and 302 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and another for enhancement of the sentence imposed by the learned trial Court, while convicting the original accused for the offence punishable under section 304 (Part-II) of the IPC, both these appeals are decided and disposed of by this common judgment and order.

(2.) Feeling aggrieved and dissatisfied with the impugned common judgment and order dated 17.09.2008 passed by the learned Additional Sessions Judge (2nd Fast Track Court), Amreli in Sessions Case No.13/2008, State has preferred Criminal Appeal No.2822/2008 challenging the impugned judgment and order insofar as acquitting the original accused for the offence punishable under Sections 498A, 504, 307 and 302 of the I.P.C. and has preferred Criminal Appeal No.2826/2008 for enhancement of the sentence imposed by the learned trial Court while convicting the original accused for the offence punishable under section 304(Part-II) of the IPC.

(3.) The prosecution case in nutshell is as under: