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2024 Supreme(Guj) 392

M. K. THAKKER
Jani Jainendrakumar Dilipbhai – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : MR CHIRAG B PATEL
For the Respondent: MS.MONALI BHATT, Adv.

JUDGMENT :

1. Present appeal is preferred under section 374 of the Criminal Procedure Code, 1973 (hereinafter referred to as ‘the Cr.P.C.’), challenging the judgment and order of conviction passed by Learned Additional Sessions Court, Mehsana in sessions case No.132 of 2009 dated 09-05- 2011, whereby appellant-accused was convicted for the offence punishable under section 498 A of the Indian Penal Code (hereinafter referred to as the ‘IPC’) and was ordered to undergo the sentence of rigorous imprisonment of 03 years alongwith fine of Rs.5,000/- and in default further period of simple imprisonment of 01 month was ordered.

2. The appellant was further convicted for the offence punishable under section 306 of the Indian Penal Code and was ordered to undergo sentence of rigorous imprisonment of 05 years alongwith fine of Rs.10,000/- and in default further period of 03 months of simple imprisonment was ordered. Learned Trial Court has ordered all the sentence to run concurrently.

3. It is the case of the prosecution that an FIR came to be filed before Mehsana Taluka Police Station against 04 accused wherein the present appellant was named as accused No.1-husband, accused No.2-father-in-law

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