STATE OF GUJARAT Vs. CHAUDHARY MAVJIBHAI JESANGBHAI

JUDGEMENT

(1.) Both these appeals are directed against the judgment and order of acquittal dated 19.12.1995 passed by learned Extra Assistant Sessions Judge, Mahesana, in Sessions Case No. 56 of 1995. By the impugned judgment, accused No. 1 was acquitted of the charges of offence punishable under Ss. 307, 337, 323, 504, 506 (2) read with Sec. 114 of IPC. Accused No. 2 was also acquitted from the charge of offence punishable under Ss. 307, 337, 504, 506 (2) read with Sec. 114 of IPC and Sec. 135 (1) of the Bombay Police Act. However, accused No. 2 was convicted for offence punishable under Sec. 323 of IPC and ordered to undergo simple imprisonment for three months and to pay fine of Rs. 500/ - and, in default of payment of fine, further imprisonment of 30 days was imposed.

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

(3.) At the conclusion of trial and after appreciating the oral as well as documentary evidence, the learned Judge vide impugned Judgment, acquitted the respondents from the charges levelled against them, except for the charge of offence under Sec. 323 of IPC for which accused No. 2 is convicted. Being aggrieved by and dissatisfied with the said judgment and order of acquittal dated 19.12.1995 passed by learned Extra Assistant Sessions Judge, Mehsana, in Sessions Case No. 56 of 1995, the appellant -State has preferred the present appeals before this Court.