MAHENDRABHAI BHANJIBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present Appeal has been preferred by the original complainant against the judgment and order passed by the learned Sessions Judge in Sessions Case No.14/2007, whereby the accused have been acquitted for the offences under Sections 325, 326, 302, 504, 506(2), 34 read with Section 114 of the Indian Penal Code read with Section 135 of the Bombay Police Act.

(2.) We have heard Mr.Shah for the appellant.

(3.) As such in a case where Appeal is already preferred by the State against the judgment and order of acquittal and the said Appeal of the State has been admitted and the leave has been granted, whether separate appeal of the original complainant should be entertained or not is an aspect already considered by this Court in Misc. Criminal Application No.5522/2009 with Criminal Appeal No.783/2010 decided on 10.05.2010 and in the said decision, it was observed by this Court as under :-