STATE OF GUJARAT Vs. MANGALBHAI @ KARSANBHAI JETHABHAI PARMAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order of acquittal dated 11.06.1996 passed by learned Sessions Judge, Amreli, in Sessions Case No.90 of 1994. By the impugned judgment, the accused was convicted for offence punishable under Section 304, Part-II of the Indian Penal Code (for short, "IPC") and ordered to undergo rigorous imprisonment for five years and to pay a fine of Rs.500/- and, in default of payment of fine, further simple imprisonment of one month was imposed. The accused was also convicted for the offence punishable under Section 135 of the Bombay Police Act and ordered to undergo rigorous imprisonment for one month. However, the accused was acquitted of the charge of offence punishable under Section 302 of IPC.

(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 dated 11.06.1996 passed by learned Sessions Judge, Amreli, in Sessions Case No.90 of 1994 acquitting the respondent from the charge of offence punishable under Section 302 of IPC, the appellant-State has preferred present appeal before this Court.