STATE OF GUJARAT Vs. SHAMBHU BHIKHA VEDVA VAGHARI

JUDGEMENT

(1.) PRESENT appeal U/s. 378 of the Code of Criminal Procedure, 1973 is directed against judgment and order dated 29th March 1990, passed by the learned Additional Sessions Judge, Bhavnagar (hereinafter referred to as 'the learned Sessions Judge') in Sessions Case No. 72 of 1987, whereby, the learned Sessions Judge was pleased to acquit all the accused persons of all the charges levelled against them.

(2.) AT the outset, it is required to be noted that present appeal is restricted qua respondent Nos. 2 and 4 as respondent Nos. 1 and 3 viz. Shambhu Bhikha Vedva Vaghari and Jiva Vana Vedva Vaghari respectively, have already expired.

(3.) BRIEF facts of the prosecution case are that the deceased Vimalaben had gone for pilgrimage to Jain Temples situated at Shetrunjay mountain at Palitana from Ahmedabad. It is the case of the prosecution that the accused managed to take her away from the mountain on 24th April 1986 and after robbing her ornaments and other articles from her person and subsequently she was killed.