CHETANBHAI NATWARLAL SHRIMADI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As all the captioned appeals arise from the selfsame judgement and order of conviction passed by the 3rd Additional Sessions Judge, Nadiad in the Sessions Case No.26 of 2018, those were heard analogously and are being disposed of by this common judgement and order.

(2.) The three Criminal Appeals are at the instance of four convicts of the offence punishable under Sections 304B, 498A read with 114 of the Indian Penal Code and also of the offence punishable under Sections 3 and 4 of the Dowry Prohibition Act and is directed against the order of conviction and the consequent sentence dated 30th November 2018 passed by the 3rd Additional Sessions Judge, Nadiad in the Sessions Case No.26 of 2018. By the aforesaid order passed by the Additional Sessions Judge, all the accused appellants have been convicted of the offence punishable under Sections 304B with 114 of the I.P.C. and have been sentenced to undergo life imprisonment. The appellants have also been convicted for the offence punishable under Sections 498A read with 114 of the I.P.C. and have been sentenced to undergo two years of rigorous imprisonment with fine of Rs.5,000/- each and in default of the payment of the amount of fine, to undergo further six months of simple imprisonment. The appellants have also been convicted of the offence punishable under Section 3 of the Dowry Prohibition Act and have been sentenced to undergo rigorous imprisonment for a period of five years with fine of Rs.15,000/- each and in default of the amount of payment of fine, to undergo further ten months of simple imprisonment. The appellants have also been convicted of the offence punishable under Section 4 of the Dowry Prohibition Act and have been sentenced to undergo six months of rigorous imprisonment with fine of Rs.5,000/- each and in default of the amount of payment of fine, to undergo further one month of simple imprisonment.

(3.) We take notice of the fact that in all five accused were put on trial including the appellants of the offences enumerated above. The original accused No.5 namely Hetalben Bhavinkumar Vinodbhai Shrimali came to be acquitted by the Trial Court of all the charges.