KOLI THAKOR PRABHUBHAI DANABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant -accused has preferred the present appeal under 374(2) of the Code of Criminal Procedure challenging the judgment and order of conviction dated 28.1.2003 passed by learned Additional Sessions Judge, Fast Track Court, Dhrangadhra in Sessions Case No.36 of 1998. By the impugned judgement, the appellant -accused was sentenced to undergo one year rigorous imprisonment and ordered to pay fine of Rs. 2000 /- in default of payment of fine, simple imprisonment for a period of one month was imposed for the offence punishable under Sections 498(A) of IPC; whereas for the offence under Section 306 of IPC, the appellant -accused was sentenced to undergo five years rigorous imprisonment and ordered to pay fine of Rs. 3,000/- in default of payment of fine, simple imprisonment for a period of six months was imposed.

(2.) The brief facts of the appeal is as under :-

(3.) Investigation was carried out and charge-sheet came to be filed against the accused in the Court of learned Magistrate. As the case was sessions triable, the same was committed to the Court of Sessions. Thereafter, charge came to be framed and explained to the accused, to which the accused pleaded not guilty and claimed to be tried.