STATE OF GUJARAT Vs. SAHIDHUSSEIN @ CHIDDO

JUDGEMENT

(1.) This appeal as well as Criminal Revision Application are directed against the judgment and order of acquittal dated 24.3.1994 passed by the learned Additional City Sessions Judge, Court No.9, Ahmedabad in Sessions Case No.123 of 1993. By the impugned judgment, accused no.1 was convicted for offence punishable under Section 326 of the Indian Penal Code (For short, "IPC") and sentenced to suffer rigorous imprisonment for five years and to pay fine of Rs.1,000/- and, in default of payment of fine, he was ordered to undergo further rigorous imprisonment for a period of six months. Accused no.3 was convicted for offence punishable under Section 324 of IPC and sentenced to suffer rigorous imprisonment for one and a half year. Accused nos.2 and 4 were acquitted of all the charges levelled against them. Accused no.1 was acquitted of the charges for offence punishable under Sections 302 and 188 of IPC. Being aggrieved by the order of acquittal of the accused present appeal as well as revision applications are preferred before this Court.

(2.) The facts in brief giving rise to the filing of present appeal as well as revision application are as under:

(3.) At the conclusion of trial and after appreciating the oral as well as documentary evidence, the learned Judge passed the impugned Judgment. Being aggrieved by and dissatisfied with the said judgment and order acquitting the respondents from some of the charges dated 24.3.1994 passed by the learned Additional Sessions Judge, Ahmedabad in Sessions Case No.123 of 1993, the appellant-State as well as the complainant have preferred present appeal and revision application before this Court.