STATE OF GUJARAT Vs. JAMNABEN

JUDGEMENT

(1.) The present appeal has been filed by the State under Sec. 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for short) challenging the judgment and order of acquittal dtd. 16/7/1996 rendered by the Additional Sessions Judge, Bhavnagar in Sessions Case No.38 of 1996.

(2.) The brief facts leading to the filing of the present appeal as under,

(3.) At the outset, it is pertinent to note that the original complainant, Girdharbhai Dhanjibhai Zindiya had filed Criminal Revision Application No.342/1996 before this Court challenging the impugned judgment and order of acquittal and the Division Bench of this Court, vide order dtd. 27/1/1997, rejected the said Revision Application and thereby confirmed the judgment and order of acquittal passed by the concerned trial court. While rejecting the said Revision Application, the Division Bench has observed that "In our opinion, therefore, the acquittal order passed by the trial court is well merited much less there is any scope for entertaining the revision application. The application is therefore rejected."