ABDUL HAMEER ABDUL RASHID Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Since both these appeals are arising out of the judgment and order rendered in Sessions Case No.176 of 1991, with the consent of the learned advocates appearing for the respective parties, they are taken up for final hearing together and disposed of by this common judgment and order so as to avoid repetition of facts and findings.

(2.) Vide judgment dated 22.10.1992 passed by the learned Additional Sessions Judge, Rajkot in Sessions Case No.176 of 1991, accused No.1-Mr.Kabir Abdul Raheman acquitted from the charge of offence punishable under Sections 307, 398 and 114 of the Indian Penal Code (for short, the 'I.P.C.') by giving benefit of doubt whereas, accused No.2-Mr.Abdul Hamir Abdul Rashid came to be acquitted from the charge of offence punishable under Section 307 of I.P.C. but convicted for the offence punishable under Section 394 of I.P.C. and imposed 5 years' R.I. and fine of Rs.500/-, in default, 5 months' S.I.

(3.) Feeling aggrieved and dissatisfied with the impugned judgment, convict-accused No.2 preferred Criminal Appeal No.1121 of 1992 challenging conviction imposed upon him, as aforesaid. Whereas, the State of Gujarat preferred Criminal Appeal No.257 of 1993 under Section 378 of the Code of Criminal Procedure, 1973 (for short, the 'Code') challenging the said order of acquittal of both the accused persons from the charge of offence punishable under Sections 307, 398 and Section 114 of I.P.C.