BAHUDAR TARSHIBHAI VAGHELA- DEVIPUJAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 2nd November, 2004 passed by the learned Addl. Sessions Judge & Presiding Officer, Fast Track Court No. 9, Gondal in Sessions Case No. 69 of 2003 whereby, the appellant was convicted for the offences punishable u/s. 498-A & 302 of the Indian Penal Code, 1860 [for short, Sthe I.P.C. ]. For conviction u/s. 498-A of I.P.C., the appellant was sentenced to undergo Rigorous Imprisonment for two years with fine of Rs.1000/- and in default of payment of fine, Rigorous Imprisonment for a further period of two months; while for conviction u/s. 302 of IPC, the appellant was sentenced to undergo Rigorous Imprisonment for life with fine of Rs.2000/- and in default of payment of fine, Rigorous Imprisonment for a further period of three months. 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.) The prosecution has examined in all thirty seven witnesses in order to prove the guilt against the appellant. PW 1 Champaben w/o. Bawanjibhai at Exhibit 5, PW 2 Champaben w/o. Pathubhai at Exhibit 6, PW 3 Gangaben w/o. Bhalubhai at Exhibit 7, PW 4 Gangaben w/o. Talshibhai at Exhibit 8, PW 5 Keshubhai Ranabhai at Exhibit 9, PW 6 Vallabhdas Gangadas Savaliya at Exhibit 10, PW 7 Gandubhai Pathubhai at Exhibit 11, PW 8 Balwantlal Gandalal at Exhibit 12, PW 9 Kirpalsinh Abhaysinh Jadega at Exhbit 13, PW 10 Bawanji Bhalubhai Jakhadiay at Exhibit 14, PW 11 Gulabsinh Tapubha at Exhibit 15, PW 12 Manojbhai Dharamsinhbhai at Exhibit 16, PW 13 Talshibhai Ramjibhai at Exhibit 17, PW 14 Dr. Ashwinkumar Devrajbhai at Exhibit 20, PW 15 Dr. Khimjibhai Mohanbhai at Exhibit 30, PW 16 Dr. Arvindbhai Ratilal Vithlani at Exhibit 33, PW 17 Dr. Balchandra Narmadashankar at Exhibit 39, PW 18 Ranaju Bahadur at Exhibit 43, PW 19 Vikramsinh Mahipatsinh, PSO at Exhibit 44, PW 20 Ramzanbhai Subharbhai at Exhibit 69, PW 21 Manjuben w/o. Ramubhai at Exhibit 48, PW 22 Mohannath Bhannath at Exhibit 49, PW 23 Bhulabhai Dahyabhai at Exhibit 50, PW 24 Labhuben w/o. Laghra Bhalu at Exhibit 51, PW 25 Ghaniben w/o. Vala Dalabhai at Exhibit 52, PW 26 Pathubhai Ramjibhai Vaghela at Exhibit 53, PW 27 Narubhai Valabhai at Exhibit 54, PW 28 Jaksibhai Talshibhai at Exhibit 55, PW 29 Laghra Bhalubhai at Exhibit 56, PW 30 Ramuben w/o. Ukabhai at Exhibit 27, PW 31 Praful Nandlal Patadiya at Exhibit 58, PW 32 Bhagwatsinh Shivubha at Exhibit 60, PW 33 Pranjivan Raghavjibhai at Exhibit 61, PW 34 Dr. Mukesh Revashankar Mehta at Exhibit 65, PW 35 Dr. Dhansukh Govindbhai Solanki at Exhibit 69, PW 36 Pravinsinh Bavubha Jhala at Exhibit 70, PW 37 Rajeshbhai Mansukhlal Vadukiya at Exhibit 83.