JUDGMENT :

HEMANT M. PRACHCHHAK, J.

1. The present appeal is filed by the appellant-original accused under Section 374 of the Code of Criminal Procedure, 1973, (for short “the Cr.P.C.”) against the judgment and order of conviction and sentence dated 16/12/2004 passed by the learned Additional Sessions Judge, Fast Track Court No. 6, Bhavnagar in Sessions Case No. 160 of 2003, whereby, the learned Sessions Judge has convicted the appellant herein for the offence punishable under Section 498A of the Indian Penal Code (for short “the IPC”) and sentenced to undergo rigorous imprisonment for a period of 3 years and imposed fine of Rs.500/- in default of payment of fine, to undergo further 2 months’ simple imprisonment. The appellant was also convicted for the offence punishable under Section 306 of the IPC and sentenced to undergo rigorous imprisonment for 5 years and imposed fine of Rs.1,000/- in default of payment of fine, to undergo further 4 months’ simple imprisonment.

2. The brief facts giving rise to the present appeal are that, the daughter of the complainant namely, Ilaben was married with the accused before 4 years of the incident. After marriage, Ilaben (deceased) was residing wi