STATE OF GUJARAT Vs. ABDUL RAUF

JUDGEMENT

(1.) This Appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') is filed by the State against accused no.1 alone challenging the judgment and order passed by the Additional Sessions Judge, City Sessions Court No.4, Ahmedabad dtd. 30/10/2001 rendered in Sessions Case No.240 of 1996 with Sessions Case No.283 of 1997 whereby the respondent - accused alongwith two other accused were tried in the same case though Sessions Cases were different. As respondent no.3 shown in the judgment came to be arrested subsequent to the accused in Sessions Case No.240 of 1996 were arrested, however, since both the Sessions Cases arise out of the same case, they were tried jointly and the accused were shown in seriatim under common judgment and order passed in both Sessions Cases jointly.

(2.) The accused were tried for an offence registered under Ss. 302 and 120 B of the Indian Penal Code as also under Ss. 25 (1-AA) and 27(3) of the Arms Act , 1959.

(3.) Heard Ms. Jirga Jhaveri, learned Additional Public Prosecutor for the appellant - State as also Mr. Rushabh Shah, learned advocate representing the respondent - accused.