HIRA ASHA RABARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These appeals arise out of judgment and order rendered by the Sessions Court, Kachchh at Bhuj on 24.12.2004 in Sessions Case No.64 of 2003.

(2.) There were in all 11 persons facing charges before the trial Court for the offences punishable under Sections 147, 148, 149, 120-B, 341, 323, 504, 506(2) and 302 of the IPC and Section 135 of the Bombay Police Act. The trial Court found that the prosecution was successful in proving charges for offences punishable under Sections 147, 148, 149 and 120-B read with Section 302 of the IPC against accused Nos.1, 2 and 8 before it. The trial Court found that the prosecution was also successful in proving offences punishable under Section 323 read with Sections 147, 148 and 149 of the IPC against accused Nos.3, 5, 7, 10 and 11. The trial Court found further that charges punishable under Section 341 read with Sections 147, 148, 149 and 120-B of the IPC were proved by the prosecution against accused Nos.3,4,5,6,7,10 and 11. It was also found that offence punishable under Section 506(2) of the IPC was proved against accused No.1 and charge for offence punishable under Section 135 of the Bombay Police Act was held to have been proved by the prosecution against accused Nos.1,2,5,6,7 and 11. The trial Court recorded acquittal so far as original accused No.9 is concerned.

(3.) Aggrieved by the judgment, original accused Nos.4,5 and 10 have preferred Criminal Appeal No.68 of 2005 and original accused Nos.1,2 and 8 have preferred Criminal Appeal No.332 of 2005, whereas, State of Gujarat has preferred appeal against acquittal of accused No.9 and rest of the accused for the offences with which they were charged and not convicted.