STATE OF GUJARAT Vs. JORUBHA PITHUBHAI AND ORS.

JUDGEMENT

(1.) This appeal is directed against the judgment and order of acquittal dated 03.06.1998 passed by learned Additional Sessions Judge, Rajkot in Sessions Case No. 109 of 1991. By the impugned judgment, the accused were acquitted of the charge of offences punishable under Sec. 302 read with Sec. 34 of the Indian Penal Code (for short, "IPC") and Ss. 135 and 37 (1) of the Bombay Police Act. Since original accused No. 1 -Jorubhai Jilubha had expired during the pendency of trial, the case was abated qua him.

(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 passed the impugned Judgment. Being aggrieved by and dissatisfied with the said judgment and order dated 03.06.1998 passed by learned Additional Sessions Judge, Rajkot in Sessions Case No. 109 of 1991 acquitting the respondents, the appellant -State has preferred present appeal before this Court.