STATE OF GUJARAT Vs. JAYABEN

JUDGEMENT

(1.) As both these appeals arise out of the judgment and order dated 06.02.2003 passed by the learned Additional Sessions Judge, 6th Fast Track Court, Junagadh in Sessions Case No. 33 of 1993. The same are heard and being decided in this common judgment.

(2.) Ms. Shah, learned Additional Public Prosecutor for the State, at the outset, submitted that the State was to file an appeal against acquittal of the accused for the offence punishable under Sec. 302 of the Indian Penal Code, 1860, however, inadvertently, in the appeal filed by the State, viz., Criminal Appeal No. 560 of 2013, it is mentioned to be for enhancement of sentence and accordingly, she requested to consider the appeal accordingly, against acquittal, as aforesaid. Accordingly, we have considered the matter.

(3.) Criminal Appeal No. 560 of 2003 is filed by the State of Gujarat against the order of acquittal of respondent -accused under Sec. 302 of the Indian Penal Code whereas Criminal Appeal No. 201 of 2003 is filed by the accused person who was convicted for the offence punishable under Sec. 304 Part I of the Indian Penal Code and sentenced to undergo ten years' rigorous imprisonment with fine of Rs. 1000/ - in default of payment of fine, further simple imprisonment of one month.