KANTILAL MARTAJI PANDOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE Present appeal under Section 374 read with Section 386 of Criminal procedure Code. The appellant Original accused No. 1 of Sessions Case No. 59 of 1992 tried and decided by the learned additional Sessions Judge, Sabarkantha at himmatnagar, has challenged the legality and validity of the conviction and sentence dated 10. 2. 1994.

(2.) ONE co-accused - Laxmiben Kantinal, according to the prosecution, as the first wife of the present appellant. Learned trial judge acquitted the co-accused - Laxmiben. So. the State had preferred appeal against order of acquittal being Criminal Appeal no. 381 of 1994, but this Court refused to grant leave to appeal and the appeal thus has been dismissed against that accused by this Court.

(3.) THE learned trial Judge has imposed s. I. of one year to the appellant accused for the offence punishable under Section 498 (A) and of two year for the offence punishable under Section 306 of Indian penal Code. The amount of fine imposed is rs. 100/- for each offence. The quantum of punishment imposed by the learned trial judge being too lenient and inadequate, the state had therefore, challenged the order of the punishment on its adequacy and prayed for enhancement for the period of imprisonment by way of appeal under section 377 of the Criminal Procedure code. The appeal under Section 377 was registered as Criminal Appeal No. 380 of 1994. The Court is informed by the learned advocate appearing for the appellant that this Court has dismissed the said appeal preferred by the State. In the order under challenge, it is ordered that both the sentences imposed shall run concurrently by the trial Court. In-default punishment imposed period-wise, for both the offences.