2007 Supreme(Guj) 601
C.K.BUCH
SHAILESH LALJIBHAI – Appellant
Versus
STATE OF GUJARAT – Respondent
Advocates Appeared: D.S.PANDIT, JAYESH A.DAVE, SUDHA C.SHUKLA
( 1 ) THE appellants-orig. accused (hereinafter referred to as the appellants ) have preferred present appeal under Section 374 of the Code of Criminal Procedure, 1973, challenging the judgment and order of conviction and sentence dated 21st February 2006 passed by the learned Presiding Officer, 11th Fast Track Court, Gondal and learned Additional Sessions Judge, Rajkot in Sessions Case No. 8 of 2004, whereby the learned trial Judge has held the appellants guilty for the charge of offence punishable under Section 498 (A) read with Section 114, and also under Section 306 read with Section 114 of the Indian Penal Code. The appellant no. 1 is imposed simple imprisonment for 3 years and a fine of Rs. 3000/- for the offence punishable under Section 498 (A) read with Section 114 and to undergo simple imprisonment for 7 years and to pay a fine of Rs. 1000/- for the offence punishable under Section 306 read with Section 114 of the Indian Penal Code. The indefault punishment i. e. for non-payment of amount of fine, imposed for both these offences, is of 4 months and 6 months respectively. The appellant nos. 2 and 3 are imposed simple imprisonment for 3 years for the offence punishable under
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