HIMATSINH @ HASMUKH VAJESINH Vs. STATEE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 7th December, 1998 passed by the learned Addl. Sessions Judge, Court No. 16, Ahmedabad in Sessions Case No. 13 of 1998 whereby, the appellant was convicted for the offences punishable u/s. 302 and 498-A of the Indian Penal Code, 1860 [for short, Sthe IPC ]. For conviction u/s. 302 of IPC, the appellant was sentenced to undergo imprisonment for life with fine of Rs.1000/- and in default of payment of fine, further rigorous imprisonment for a period of one month; while for conviction u/s. 498-A of IPC, he was sentenced to undergo rigorous imprisonment for a period of three years with fine of Rs.500/- and in default of payment of fine, further rigorous imprisonment for a period of 15 days. Both the sentences were ordered to run concurrently. The appellant was also given the benefit of set-off.

(2.) The brief facts of the prosecution case are as under;

(3.) To prove the guilt against the appellant, the prosecution has examined ten witnesses. PW 1 Ranjitsinh Virsinghbhai Gohil at Exhibit 10, PW 2 Kiranpuri Gangapuri at Exhibit 16, PW 3 Narendrabhai Bhavanbhai Parmar at Exhibit 18, PW 4 Anupsinh Hiraji Thakore at Exhibit 20, PW 5 Ishwarbhai Bhagaji Lakhwara at Exhibit 24, PW 6 Amratben Prabhatsinh at Exhibit 25, PW 7 Ahmadkhan Akbarkhan Pathan at Exhibit 26, PW 8 Navinchandra Hiralal Joshi at Exhibit 30, PW 9 Rajendraprasad Bhagirathprasad Joshi at Exhibit 38 and PW 10 Dr. Tejas Girishbhai Patel at Exhibit 44.