BHAVUBEN DINESHBHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) These two Criminal Appeals along with a Criminal Misc. Application filed in one of these two appeals have been referred to a Larger Bench by a Division Bench of this Court [Coram: Ravi R. Tripathi and Paresh Upadhyay, JJ.], vide order dated 27th June 2012 for considering the following issues : -

(2.) The above two appeals are directed against an order of acquittal passed by the learned Additional Sessions Judge, Bhavnagar in Sessions Case No. 147 of 2010 by which the accused therein, who were charged for the offences punishable under Sections 147, 148, 149, 323, 324, 325, 307 and 302 of the Indian Penal Code and Section 135 of the Bombay Police Act, were acquitted.

(3.) Criminal Appeal No. 238 of 2012 was preferred by the widow of the deceased invoking her right under the proviso to Section 372 of the Criminal Procedure Code [Code]. The same order of acquittal was also challenged by the State of Gujarat by filing Criminal Appeal No. 608 of 2012 along with an application seeking leave to prefer appeal, being Criminal Misc. Application No. 6516 of 2012.