STATE OF GUJARAT Vs. FIROJSHA NURSHA

JUDGEMENT

(1.) AGGRIEVED by the decision of the learned Additional Sessions Judge, Fast Track Court, Jamnagar passed in Sessions Case No.132 of 1996, Criminal Appeal No.478 of 2004 has been preferred under section 377 of the Code of Criminal Procedure seeking enhancement of punishment imposed by the Court and Criminal Appeal No.335 of 2004 is preferred by the accused aggrieved by the judgment and order of conviction passed in the very Sessions Case under section 374 of the Indian Penal Code.

(2.) BOTH these appeals since arise from the very judgment and order passed in Sessions Case No.132 of 2006, they are being decided together by a common judgment. Prosecution's case leading to these appeals may be briefly mentioned at this stage: -

(3.) THE complaint of the said incident was given by the victim complainant. On due investigation, chargesheet came to be filed for the offences punishable under sections 307, 324, 342, 504 and 34 of the Indian Penal Code read with section 135 of the Bombay Police Act. Learned Judicial Magistrate First Class, Jamnagar before whom the chargesheet was laid, committed the matter to the Court of Sessions under section 209 of the Code of Criminal Procedure.