THE STATE OF GUJARAT Vs. NILESHKUMAR GOVINDBHAI PARMAR

JUDGEMENT

(1.) THESE Criminal Appeals as well as the Criminal Revision Application have been directed against the judgment and order dated 29/09/1998 passed by the learned Additional Sessions Judge, Court No. 3, Ahmedabad (City) in Sessions Case No. 252 of 1997 whereby, the learned Sessions Judge was pleased to convict the accused for the offence punishable under Sections 304(I) of the Indian Penal Code, 1860 ('the IPC' for brevity) and ordered to undergo 07 years' rigorous imprisonment and fine of Rs. 1,000/ - and in default, further rigorous imprisonment for 02 months. Criminal Appeal No. 7 of 1999 filed under Section 377 of the Criminal Procedure Code, 1973 ('the Code' for brevity) by the State is for enhancement of sentence, whereas, Criminal Appeal No. 8 of 1999 filed by the State under Section 378(1)(3) of the Code and Criminal Revision Application No. 43 of 1999 filed by one of the witnesses are against acquittal of the accused from the offence punishable under Section 302 of IPC.

(2.) HEARD Ms. C.M. Shah, learned Additional Public Prosecutor, for the State, Ms. Sadhana Sagar, learned advocate for the accused and Mr. Dave, learned advocate for the revisionist.

(3.) IN support of the case, the prosecution recorded statements of witnesses and collected several documentary evidence and after having found sufficient evidence and material against the accused, he came to be charge -sheeted for the alleged offence.