STATE OF GUJARAT Vs. ANOPSINH ABHESINH GOHIL

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 6.11.1993 passed by the learned Addl. Sessions Judge, Kheda at Nadiad in Criminal Appeal No. 30 of 1990, whereby, the learned Addl. Sessions Judge has acquitted the accused for the offence punishable under section 408 of IPC and quashed and set aside the judgment and order of conviction and sentence dated 29.8.1990 passed by the learned Chief Judicial Magistrate, Nadiad in Criminal Case No. 4317/1984, whereby, the learned Magistrate has convicted both the accused under section 408 of IPC and sentenced them to undergo S/I for two years and to pay a fine of Rs. 1000/ - each, in default, to further undergo S/I for six months.

(2.) IT is to be noted that the Criminal Appeal No. 313 of 1994 preferred by the State stands abated as the respondent -ori. Accused No. 1 - Masharubhai Rambhai Desai has expired.

(3.) THE accused were charged at Ex. 14. The accused pleaded not guilty to the charge and so claimed to be tried.