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2020 Supreme(Guj) 502

A.P.THAKER
Mahesh @ Munno Chhaganbhai Jethwa – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MAYANK R CHAVDA, adv
For the Respondent: MS JIRGA JHAVERI Adv

JUDGMENT :

1. The present appeal has been filed by the appellants under Section 374 of the Criminal Procedure Code, against the judgment and order dated 18.1.2005 passed by learned Second Extra Assistant Judge, Veraval, in Sessions Case No.19 of 2004, whereby the appellants-accused were convicted for the offence under Sections 498 (A) and 306 of the Indian Penal Code (herein after referred to as “IPC” for short). By the impugned judgment, for offence under Section 498 (A), the appellants were sentenced to undergo rigorous imprisonment for a period of four years and ordered to pay fine of Rs.500/- each and, in default of payment of fine, simple imprisonment for a period of five months was imposed. For offence under Section 306, the appellants were sentenced to undergo rigorous imprisonment for a period of two years and ordered to pay fine of Rs.500/- each and, in default of payment of fine, simple imprisonment for a period of five months was imposed.

2. The case of the prosecution in short is that accused no.1 is the husband of deceased Kiran @ Hansaben and accused nos.2 and 3 are

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