CHANDRASEKHAR PATEL Vs. SURESH

JUDGEMENT

(1.) Heard the learned senior counsel and the learned counsel for the respective parties.

(2.) The incident, which is the subject matter of these Appeals, is of 6/3/1996. There were five accused, who were prosecuted for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (for short, the "IPC"). One of them was also prosecuted for the offence punishable under Sec. 109 read with Sec. 302 of the IPC. The offence alleged was of committing the murder of one Siddhnath Patel.

(3.) In an appeal preferred by the convicted accused, the High Court passed an order of acquittal, which is challenged by way of these two Appeals before us. Criminal Appeal No.1163/2018 is preferred by the son (Chandrasekhar Patel) of the deceased, who is PW-2, and the other Appeal (Criminal Appeal No.1164/2018) is preferred by the State.