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2024 Supreme(Guj) 390

DIVYESH A. JOSHI
Majirana (Bheel) Shankerji Chamnaji – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR PADMRAJ K JADEJA
For the Respondent: MR DHAWAN JAYSWAL

JUDGMENT :

1. By way of present appeal under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC” for short), the appellants have challenged the judgment and order of conviction and sentence dated 17.07.2003 passed by the learned Additional Sessions Judge, 3rd Fast Track Court, Palanpur in Sessions Case No.28/1998, whereby the appellants have been convicted for the offences under Sections 498(A), 306 read with Section 114 of the INDIAN PENAL CODE (hereinafter referred to as “IPC” for short) and thereby sentenced them to undergo three years simple imprisonment and fine of Rs.1,000/-, in default, to undergo two months simple imprisonment for the offence under Section 498(A) read with Section 114 of the IPC and also sentenced to undergo five years simple imprisonment and fine of Rs.2,000/-, in default, to undergo five months simple imprisonment for the offence under Section 306 read with Section 114 of the IPC. It is also ordered to run both the sentences concurrently and appellants shall be given set off for the period which they have undergone during trial.

2. At this stage, it is required to be mentioned that pending this appeal, the appellant no.3 –

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