STATE OF GUJARAT Vs. KANUBHAI BECHARBHAI DAMOR

JUDGEMENT

(1.) The present Appeal has been filed by the State under Sec. 378 of the Code of Criminal Procedure, 1973, challenging the judgment and order dtd. 2/12/1998 passed by learned Additional Sessions Judge, Sabarkantha (hereinafter referred to as "the Trial Court") in Session Case No.31 of 1995. By way of the impugned judgment and order, after giving benefit of doubt, the accused have been convicted under Sec. 304 Part-II read with Sec. 34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") with Sec. 135 of Bombay Police Act instead of Sec. 302 of I.P.C by the Trial Court.

(2.) The short facts of the prosecution case read as under:-

(3.) Being aggrieved and dissatisfied with the judgment and order passed by the Trial Court, the prosecution has filed the present criminal Appeal.