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2009 Supreme(Guj) 14

A.L.DAVE, J.C.UPADHYAYA
Nilesh Purshottambhai Bhanderi – Appellant
Versus
State of Gujarat – Respondent


Advocates:
Appearance :
Mr. A.D. Shah, for the Appellants No. 1 - 2.
Mr. K.J. Shethna, Special Public Prosecutor, for the Opponent No. 1.

Judgment

J.C. Upadhyaya, J.—All the three Criminal Appeals and the Criminal Revision Application arise out of a judgment and order rendered by the learned Additional Sessions Judge, Anand [hereinafter referred to as ‘the learned trial Judge’] dated 8.02.2000 in Sessions Case 268 of 1998. The learned trial Judge recorded the conviction of original accused No. 1 - Nileshkumar Parshotambhai for the commission of offences punishable under Sections 304-B and 498-A of the Indian Penal Code [IPC] and Section 4 of the Dowry Prohibition Act [hereinafter referred to as ‘the DP Act’]. He came to be acquitted so far as the charge of commission of offence punishable under Section 306 of the IPC is concerned. The original accused No. 1 was awarded sentence of rigorous imprisonment [RI] for 7 years and fine of Rs. 500/-, in default of payment of fine, RI for 6 months for the offences punishable under Sections 304-B and 498-A of the IPC and RI for one year and fine of Rs. 1,000/- and in default of payment of fine, RI for 3 months for the offence punishable under Section 4 of the DP Act. Substantive sentences of imprisonment were ordered to run concurrently.

1.1. The original accused No. 2 - Kanchan











































































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