STATE OF GUJARAT Vs. BIJRAJSINGH

JUDGEMENT

(1.) This acquittal appeal preferred by the State of Gujarat under Sec. 378 of the Code of Criminal Procedure,1973 (' Cr.P.C .', in short) is directed against judgment and order dtd. 13/8/2008 passed by Additional Sessions Judge, Ahmedabad, in Sessions Case No. 338 of 2006, wherein, respondents-original accused no. 2 and 3 along with accused No.1 came to be tried for offences punishable under Ss. Ss. 302 and 394 read with Sec. 34 of the Indian Penal Code, 1860 (' IPC ', for short). At the end of trial, the trial Court acquitted Bijrajsingh @ Bijju Ajitsingh Chudasma - original accused no. 2 and Hasmukhkumar Dineshbhai Rawat - original accused no. 3 from all the charges. However, the court below convicted the accused no. 1 for the offence of murder and robbery.

(2.) The facts and circumstances, giving rise to this appeal are as under:

(3.) After due framing of charge and upon accused pleading not guilty, trial commenced before the Additional Sessions Judge, City Court, Ahmedabad.