STATE OF GUJARAT Vs. CHANDUBHAI RAMJIBHAI PATEL

JUDGEMENT

(1.) Common questions are involved in all these three acquittal appeals against the same respondent-accused and also arise out of the common judgment. Therefore, all the three appeals are disposed of by this common judgment.

(2.) By filing the aforesaid three appeals, the appellant-State has challenged the acquittal judgment and order passed by the learned J.M.F.C. Chikhli, Valsad District in three criminal cases Nos. 412, 413 and 414 of 1985. The respondent was the original accused in the aforesaid cases tried by the trial court for the offences punishable under Sections 409 and 477A of the I.P.C. The trial court by the common judgment against the common accused on appreciation of the facts and circumstances, has held on 8-8-1986 that the prosecution has not been able to prove the charges against the accused person. Therefore, the accused was acquitted from the said charges under Sections 409 and 477A of the I.P.C.

(3.) Being aggrieved by the said common judgment and order of acquittal passed in favour of the respondent-accused, the State has challenged its legality and validity by filing these three appeals by invoking the aids of provisions of Section 378 of the Code of Criminal Procedure. Appeals Nos. 59, 60 and 61 of 1987 are filed against the original accused in criminal cases Nos. 412, 413 and 414 of 1985 respectively.