BABBANBHAI SNANTARAM RODE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE appeals are directed against the judgment and order dated 4th October, 1995 passed by the learned Addl. Sessions Judge, Court No. 18, City Civil and Sessions Court, Ahmedabad in Sessions Case No. 228 of 1994 whereby, the appellant was convicted for offences punishable u/s. 498(A) & 306 of the Indian Penal Code, 1860 [hereinafter referred to as "the IPC" for short] and was sentenced to undergo Simple Imprisonment for a period of one and a half years with fine of Rs.150/ - for offence u/s. 498(A) of IPC; and Rigorous Imprisonment for a period of five years with fine of Rs.150/ - for offence u/s. 306 of IPC. Both the sentences were ordered to run concurrently. The appellant was also given the benefit of set -off.

(2.) THE facts in a nutshell are as under ;

(3.) MS . Shilpa R. Shah learned Advocate for the appellant has submitted that the deceased - wife of the appellant was very argumentative and arrogant in nature on account of which frequent disputes used to take place between them. She has contented that the case of the prosecution is mainly based on the evidence led by PW 1 and PW 2 who have clearly deposed in favour of the appellant. Hence, in the absence of cogent evidence on record, the trial Court ought not to have recorded the conviction of the appellant.