STATE OF GUJARAT Vs. PATEL NARMADABEN KASHIRAM PATEL

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the common judgment and order of acquittal dated 5.2.2008 passed by the learned Principal Sessions Judge, Mehsana in Criminal Appeal Nos. 50/2006 to 54/2006 and 56/2006 to 58/2006, whereby, the learned Principal Sessions Judge has quashed and set aside the judgment and order of conviction and sentence passed by the learned JMFC, Mehsana in Chief Case NO. 10/2005 and 19/2005, whereby, the accused no. 1, 4 and 5 have been convicted under sec. 420 read with sec. 114 of IPC and sentenced to undergo S/I for one year and a fine of Rs. 5000/-, in default, to undergo further S/I for one month. They have been also convicted under sec. 468 read with sec. 114 of IPC and sentenced them to undergo S/I for one year and a fine of Rs. 5000/-, in default, to undergo S/I for one month, whereas, the remaining accused of Chief Case No. 10/2005 and 19/2005 have been convicted under sec. 409 read with sec. 114 of IPC and sentenced them to undergo S/I for six months and a fine of Rs. 5000/- each, in default, to undergo S/I for one month. However, all the accused have been acquitted for the offence under sec. 406, 421, 422, 423, 424, 465 and 120-B of IPC.

(2.) The brief facts of the prosecution case are as under:

(3.) Heard Mr. DC Sejpal learned APP for the appellant State, Mr Chirag B Patel, Mr Mehul Sharad Shah and Mr MP Prajapati learned advocates appearing for the respective respondents.