HATHABHAI JETHABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The first of the two appeals is filed by the accused of Sessions Case No. 39/91 of the Court of the learned Additional Sessions Judge Jamnagar. The accused-appellants were facing charge under Section 302 and other related offences all of Indian Penal Code. However the learned Trial Judge at the end of the trial was pleased to acquit them for offence under Section 302 of Indian Penal Code but was pleased to convict them for offence under Section 326 of the Indian Penal Code and had awarded various sentences.

(2.) The State has come up in appeal by filing the second of the aforementioned appeals and it is against the order of acquittal with regard to the charge under Section 302 of Indian Penal Code.

(3.) Needless to say in their appeal No. 379/91 the accused are challenging the finding of suit given against them by the Trial Court under Section 326 of the Indian Penal Code.