ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE K.J.THAKER)

1. The appellants-ori. Accused no. 1 & 2 have preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 12.10.2007 passed by the learned Addl. Sessions Judge, Fast Track Court No. 3, Bharuch in Sessions Case No. 39/2007, whereby, the learned trial Judge has convicted the appellants- ori. Accused no. 1 & 2 under sec. 498A of IPC and sentenced them to undergo S/I for one year and to pay a fine of Rs. 500/-, in default, to undergo further S/I for three months. The appellants – ori. Accused no. 1 & 2 are convicted for the offence under section 201 read with sec. 114 of IPC and sentenced them to undergo S/I for two years and to pay a fine of Rs. 200/-, in default to undergo further S/I for three months. The appellants – ori. Accused no. 1 and 2 are convicted for the offence under sec. 302 of IPC and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 1000/-, in default, to undergo R/I for 30 days, which is impugned in this appeal.

2.1 The case of the prosecution is that on 5.12.2006 in the evening, the original accused no. 2 wentr to N