STATE OF GUJARAT Vs. BHARATBHAI BHIMABHAI GUJARIYA

JUDGEMENT

(1.) By way of present application under Sec. 378(1)(3) of the Code of Criminal Procedure, the applicant-State seeks leave to appeal against the judgment and order dtd. 31/1/2022 rendered in Sessions Case No.2 of 2017 by the learned Additional Sessions Judge, Amreli at Rajula, whereby the private respondents-accused came to be acquitted from the charge of offence punishable under Ss. 302, 403, 34 , 504 of the Indian Penal Code and sec. 135 of GP Act.

(2.) Having heard learned APP for the applicant - State and considering impugned judgment and our primary re- assessment and re-appreciation of evidence at glance, present application deserves consideration only qua respondent nos.1 and 2 - original accused nos. 1 and 2 and leave to appeal is refused qua respondent no.3- Labhuben w/o.Bhimabhai Gujariya, respondent no.4 - Rupsangbhai Rajabhai Gujariya, respondent no.6 - Rakhuben w/o. Rajabhai Gujariya and respondent no.7 - Savitaben w/o. Hitesbhai Govindbhai Bhaliya. Therefore, leave to appeal is required to be granted qua respondent nos.1 and 2 and accordingly it is granted. The present application is partly allowed accordingly. Order in Criminal Appeal No.1841 of 2022

(3.) Appeal is admitted qua respondent no.1 - Bharatbhai Bhimabhai Gujariya and respondent no.2. - Jaysukhbhai Bhimabhai Gujariya.