A.M.Kapadia, J. - (1.)Appellant ('the accused' for short) and another accused, Sajanben Mohanbhai Gohil, were charged and tried by the learned Additional Sessions Judge and 4th Fast Track Court, Nadiad, in Sessions Case No. 207 of 2002 for commission of the offences punishable under Sections 498-A and 306 of the Indian Penal Code ('IPC' for short) on the accusation that they inflicted mental and physical cruelty to deceased Nitaben and abetted her to commit suicide. At the end of the trial, as the accused was found guilty of the offences with which he was charged, he was convicted vide judgment and order dated 19.4.2006 for commission of the offences punishable under Sections 498-A and 306 of the IPC and sentenced him to suffer RI for two years and fine of Rs. 2,000/- i.d., RI for two months for commission of the offence punishable under Section 498-A of the IPC and RI for three years and fine of Rs. 3,000/- i.d., RI for three months for commission of the offence punishable under Section 306 of the IPC. It is also ordered that both the sentences shall run concurrently whereas another accused, Sajanben Mohanbhai Gohil, was acquitted by giving benefit of doubt.
(2.)The accused, aggrieved by the judgment and order of conviction and sentence, has filed Criminal Appeal No. 916 of 2006 with the aid of Section 374 of the Code of Criminal Procedure, 1973 ('the Code' for short).
(3.)The appeal was placed for admission hearing before a learned Single Judge of this Court (during summer vacation). The learned Single Judge, vide order dated 18.5.2006, admitted the appeal. However, the learned single Judge has observed that on perusal of the judgment rendered by the learned Judge and taking into account the entire gamut of evidence and the fact that reasons are not assigned for imposing less sentence under Section 306 of IPC, Suo Motu notice for enhancement of sentence be issued under Section 377 of the Code making it returnable on 14.6.2006. The Registry has, therefore, numbered the suo-motu proceedings as Criminal Revision Application No. 364 of 2006.