JUDGMENT

V.P. Patel, J. —The Appellant Accused has filed this Appeal under Section 374 (2) of the Code of Criminal Procedure (“the Code” for short) being aggrieved and dissatisfied with the conviction order dated 28.2.2005 passed by the learned Sessions Judge, Amreli (hereinafter referred to as “the learned Sessions Judge”) in Sessions Case No. 53 of 2004.

2. Heard learned Advocate Mr. Pratik B. Barot for the Appellant and learned APP Ms. Jirga Jhaveri for the Respondent State of Gujarat.

Order under challenge:

3. The learned Sessions Judge has passed the order dated 28.2.2005 convicting the Appellant Accused under Section 235(1) of the Code for the offence punishable under Section 304(B) and 498(A) of the Indian Penal Code and sentenced to suffer RI for 7 years for the offence punishable under Section 304(B). No separate sentence is awarded for the offence punishable under Section 498(A) IPC. The learned Sessions Judge has acquitted the Appellant Accused for the offence punishable under Section 306 IPC. It is further ordered that the Appellant Accused is entitled for set of