HARSHADBHAI BHARATBHAI RAMAVAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) ABOVE Criminal Appeal is preferred by original-accused no. 1 of Sessions Case No. 36 of 2005 of the Court of Fast Track at Porbandar, against the judgment and order delivered by Additional Sessions Judge, Fast Track court, Porbandar, on 15th of November, 2006, whereby the present appellant being accused No. 1 came to be convicted for the offence punishable under sec. 306 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment of 10 years and to pay fine of Rs. 25,000/- as well as he was also convicted for the offence punishable under Sec. 498a of the Indian Penal code and was sentenced to undergo rigorous imprisonment of three years and to pay fine of Rs. 10,000/ -.

(2.) CRIMINAL Appeal No. 106 of 2008 filed by original-accused No. 1 came to be admitted by this Court vide Order dated 11th of July, 2008.

(3.) THE present applicant-appellant in Criminal Appeal No. 106 of 2008 has also preferred present Misc. Criminal Application No. 692 of 2008 under Sec. 389 of the Code of Criminal Procedure, 1973, for suspension of the sentences awarded to him and to release him on bail during pendency of appeal. In all there were five accused in the said Sessions Case. Present appellant-accused No. 1 came to be convicted, as aforesaid, and his father accused No. 4 also convicted for the offence punishable under Sec. 498a of the Indian Penal Code and was sentenced to undergo rigorous imprisonment of three years and to pay fine of rs. 10,000/- and he has filed Criminal Appeal No. 1413 of 2007 against his conviction before this Court, and as submitted, he has been released on bail pending the said Appeal. However, Criminal Appeal No. 1413 of 2007 is not the subject matter of the present application. Rest of the three accused came to be acquitted by the trial Court. There is no acquittal appeal till date preferred by the State against the said accused who are acquitted.