A.L. Dave, J.—The appellant was the accused before the Sessions Court, Kheda at Nadiad, in Sessions Case No. 60/2002 facing charges for the offences punishable under Sections 498-A & 306 of the Indian Penal Code. He was charged to have abetted the suicide of his wife Jyotikaben, which she committed on 09.10.2001 by consuming poison. F.I.R in this regard was lodged by Jyotikaben’s brother Bhikhabhai on 10.10.2001. The police having found sufficient material, filed charge-sheet in the Court of learned J.M.F.C., Anand, who, in turn, committed the case to the Court of Sessions and Sessions Case No. 60/2002 came to be registered. The charge against the accused was framed at Exhibit 5, to which, he pleaded not guilty and claimed to be tried.

2. The Sessions Court, after appreciating the evidence led by the prosecution, came to the conclusion that the prosecution was successful in proving the case against the accused for both the offences and recorded conviction of the accused-appellant for both the offences. The trial Court, by judgment and order dated 01.04.2004, sentenced the appellant to undergo R.I for three years and fine of Rs. 1000/-, in default to undergo S.I for three mon