STATE OF GUJARAT Vs. LAKHU KANA AHER

JUDGEMENT

(1.) PRESENT appeal u/s. 378 of the Code of Criminal Procedure, 1973 arises out of the judgment and order dated 2nd May 1991 passed by the learned Additional Sessions Judge, Gondal (hereinafter referred to as 'the learned Sessions Judge') in Sessions Case Nos. 40 of 1987 and 16 of 1988, whereby, the learned Sessions Judge was pleased to acquit all the accused of the charge under Sections 302, 143, 147 of the Indian Penal Code (IPC) and Section 25(1) (a) of the Arms Act and Section 135(1) of the Bombay Police Act.

(2.) AT the outset it is to be noted that the appeal stands abated qua respondents ­ accused No. 2 ­ Kanu Arjan Aher, No. 8 ­ Bogha Kana Aher and No. 9 ­ Kumbha Hamir Bharvad, as they are reported to have expired.

(3.) BEING aggrieved by and dissatisfied with the aforesaid judgment and order passed by the learned Sessions Judge, the appellant State has preferred the present appeal.