STATE OF GUJARAT Vs. MAHERIYA SINDHUKUMAR DEVJIBHAI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 6/5/2003 passed by the learned Additional Sessions Judge, Fast Track Court, Mehsana in Sessions Case No.280/1998, whereby the respondent-accused came to be acquitted for the offences punishable under Ss. 302, 498A read with Sec. 34 of the Indian Penal Code, the appellant - State has preferred the present appeal under Sec. 378 of the Code of Criminal Procedure, 1973 ("the Code" for short). The complainant has also preferred Criminal Revision Application No.443 of 2003 challenging acquittal of the accused under Ss. 397 and 401 of the Code of Criminal Procedure.

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

(3.) We have heard the learned advocates for the respective parties and carefully examined the oral and documentary evidence adduced before the learned Sessions Court. During the course of the trial, the prosecution examined a total of 8 witnesses. The details of the oral and documentary evidence are as under: