(1.) THE above Criminal appeal under section 374 of the Code of the Criminal Procedure, 1973 is at the instance of original accused against the judgment and order of conviction dated 23. 8. 2005 passed by the learned Principal Sessions Judge, Mahesana, in Sessions Case No. 106 of 2005 whereby the appellant has been convicted for offence under section 498 (A) of IPC and sentenced to suffer R. I. for 3 years with fine of Rs. 5000/-, in default, to undergo S. I. for a period of one month and R. I. for 10 years and fine of Rs. 5000/-, in default, imprisonment for one month for offence under section 304 (1 ). All the sentences were ordered to run concurrently.
(2.) THE brief facts of the prosecution case are as under:
(3.) THEREAFTER, as the case was exclusively triable by the Sessions Court, the same was committed to the Sessions Court, which was numbered as Sessions Case No. 106 of 2005. The trial was initiated against the respondents.