STATE OF GUJARAT Vs. SITABEN W/O HARDEVSING

JUDGEMENT

(1.) The present appeal is filed by the State of Gujarat under Section 378 of the Code of Criminal Procedure being aggrieved by judgment and order dated 26.06.1990 passed by the learned Additional City Sessions Judge, Court No.9, Ahmedabad in Sessions Case No.55 of 1989. Learned Additional City Sessions Judge was pleased to acquit accused Nos.1, 4, 5 and 6 for the offence under Sections 143, 147, 148, 149 read with Sections 307, 323, 324, 325, 326, 395 and 397 of the Indian Penal Code, whereas learned Additional City Sessions Judge was pleased to convict accused Nos.2, 3, 7 and 8 for an offence under Section 323 of the Indian Penal Code. Learned Additional City Sessions Judge was pleased to award them three months' R.I., fine of Rs.200/- and in default, R.I. for 7 days. As on the date of pronouncement of the judgment (26.06.1990), accused Nos.2, 7 and 8 had already gone sentence during trial, they were ordered to be set free forthwith, whereas accused No.3 was directed to surrender to bail and he was ordered to be taken in the custody.

(2.) The facts of the case are set out by the learned Additional City Sessions Judge in para-1 of the judgment, which reads as under:-

(3.) To prove the case, prosecution relied upon following documentary /oral evidence/s. <FRM>JUDGEMENT_3563_TLGJ0_2012_1.html</FRM>