JUDGMENT :

A.P. THAKER, J.

1. Being aggrieved and dissatisfied with the judgment and order of conviction and sentence dated 28.01.2005 passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Rajkot in Sessions Case No. 102 of 2001 (hereinafter be referred to as “the Trial Court”) the accused have preferred Criminal Appeal No. 286 of 2005 against their conviction and sentence, whereas, the State Government has preferred Criminal Appeal No. 1563 of 2005 for enhancement of sentence imposed upon the accused.

2. By impugned judgment and order, the learned Additional Sessions Judge, 2nd Fast Track Court, Rajkot has convicted the accused for the offence punishable under Sections 498-A and 306 of the Indian Penal Code as under:

“The appellant no. 1 has been convicted and sentenced to suffer R.I. For a period of 3 years and to pay a fine of Rs. 300/- in default, he is directed to suffer R.I. for 6 months for the offence punishable u/s. 498-A of I.P.C. Further, the appellant No. 1 has been convicted and sentenced to suffer R.I. for a period of 5 years and to pay a fine of Rs.