STATE OF GUJARAT Vs. MAMAD JUSUB

JUDGEMENT

(1.) Criminal Appeal No.1071 of 1996 has been preferred by the appellant-State under section 378(1) and (3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), against the judgment and order of acquittal dated September 30, 1996, passed by the learned Additional Sessions Judge, Gondal, District Rajkot in Sessions Case No.5 of 1995, insofar as the learned Judge by the said judgment acquitted the respondent-accused from the charge of offence punishable under section 498(A) of the Indian Penal Code, 1860.

(2.) The brief facts leading to filing of the present appeals are as under :

(3.) We have heard extensively Ms.Chetna Shah, learned Additional Public Prosecutor and Shri Pratik Barot, learned counsel appearing for the respondents, who has been appointed by the High Court Legal Services Committee to appear on behalf of the respondentsaccused.