(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order of acquittal dated 23.3.1995 passed by the learned Addl. City Sessions Judge, Court no. 13, Ahmedabad in Sessions Case No. 342/1991, acquitting the respondent herein ori. Accused no. 2 for the offence under section 307 read with section 114 of IPC and under section 135(1) of the Bombay Police Act, the appellant-State has preferred present appellant.
(2.) It is to be noted that the accused no. 1 has been convicted for the offence under section 307 of IPC and sentenced to undergo R/I for four years and to pay a fine of Rs.1000/-, in default, to undergo further R/I for two months, against which, he has preferred Criminal Appeal No. 227/1995. The ori. Accused no. 1 has passed away during the pendency of the said appeal, and therefore, the said appeal has been disposed of/ dismissed as having been abated vide order dated 8.10.2015, which reads as under:
(3.) To prove the case against the present respondent- ori. Accused no. 2, the prosecution has examined following seven witnesses: <FRM>JUDGEMENT_241_LAWS(GJH)10_2015.html</FRM>