SUO MOTU Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In Sessions Case No.33 of 2000, learned Additional Sessions Judge - 4th Fast Track Court, Veraval had convicted the sole accused (respondent herein) before him for the offence under Section 304 Part-I of the IPC. On accused filing an appeal from jail, this Court had passed an order to issue suo-motu notice against the acquittal recorded by the learned trial court for offence under Section 302 of IPC. This Court therein had passed an order on 12.4.2004, which reads as under :

(2.) The appeal filed by the accused earlier came up for hearing and this Court, by order dated 6.1.2015, had disposed off the appeal since the appellant accused has already served the sentence imposed by the learned trial court. The learned trial court had imposed 7 years' RI and sentence of fine also. While disposing of the appeal filed by the accused, this Court has directed the Registry to notify present Criminal Revision Application for final hearing. Accordingly, the same was notified before this Court.

(3.) We have heard learned advocate, Mr.Ekant Ahuja for the respondent accused and learned APP for the State. Before referring in brief their submissions, facts of the case in brief may be stated.