LAWS(GJH)-2007-1-12

MANOJBHAI LALJIBHAI KABARIA Vs. STATE OF GUJARAT

Decided On January 19, 2007
MANOJBHAI LALJIBHAI KABARIA Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) These two Criminal Appeals under Section 374 of the Code of Criminal Procedure ('the Code' for short) are directed against the judgment and order dated 26.2.2002 rendered in Sessions Case No.283 of 1999 by the learned Additional Sessions Judge, Court No.22, City Sessions Court, Ahmedabad by which the appellants (A-1, A-2, A-3 and A-5) of both these appeals have been convicted for the offences punishable under Sections 304-B and under Section 498-A of the Indian Penal Code ('IPC' for short) and under Section 4 of the Dowry Prohibition Act, 1961 ('the Act' for short) and sentenced to suffer R.I. for ten years for the offence under Section 304-B IPC, R.I. for two years and fine of Rs.500/- i.d., to undergo R.I. for a further period of 15 days for the offence under Section 498-A IPC and R.I. for six months and fine of Rs.500/- i.d., to undergo R.I. for a further period of 15 days for the offence under Section 4 of the Act. It is also ordered that all the sentences imposed on A-1, A-2, A-3 and A-5 shall run concurrently. The order further stipulates that A-4 has been given benefit of doubt and has been acquitted of the offences with which she was charged.

(2.) Aggrieved by the judgment and order of conviction and sentence, A-1 and A-2 have filed Criminal Appeal No.371 of 2002 whereas A-3 and A-5 have filed Criminal Appeal No.312 of 2002.

(3.) Since both these appeals challenge the same judgment and order, they are heard together, decided and disposed of by this common judgment and order.