BHOLAJI RAMAJI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) As far as Criminal Appeal No. 1296/2010 is concerned, the applicant -accused had already undergone the sentence. Accordingly, the appeal has become academic and is disposed of accordingly.

(2.) Hence, Criminal Appeal No. 1610/2010 only is taken up for hearing on merits today.

(3.) The present appeal, under Sec. 378 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C."), is directed against the judgment and order dated 21.06.2010 passed by the learned Additional Sessions Judge, Fast Track Court No. 1, Modasa in Sessions Case No. 14 of 2010, whereby the accused has been sentenced to seven years rigorous imprisonment and fine of Rs. 5000/ - and in default sentence of nine months rigorous imprisonment for the offence punishable under Sec. 304 (Part -II) and Sec. 135 of the Bombay Police Act and further the accused has been acquitted from the offence punishable under Ss. 302 and 323 of the Indian Penal Code (for short "IPC").