STATE OF GUJARAT Vs. SOLANKI NOKABHAI HINDUDABHAI

JUDGEMENT

(1.) As both these appeals arise out of the impugned judgment and order passed by the learned Sessions Judge, Banaskantha, at Palanpur (hereinafter referred to as "trial Court") in Sessions Case No.43/2010, one preferred by the original accused No.1 challenging his conviction for the offence under Section 307 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and another preferred by the State under section 377 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "CrPC") to enhance the sentence imposed by the learned trial Court while convicting the original accused No.1 for the offence under Section 307 of the I.P.C., both these appeals are heard, decided and disposed of by this common judgment and order.

(2.) Feeling aggrieved and dissatisfied with the impugned judgment and order of conviction passed by the learned trial Court in Sessions Case No.43/2010 by which the learned trial Court has convicted the original accused No.1 for the offence under Section 307 of the I.P.C. and sentenced to undergo 5 years' Rigorous Imprisonment with fine of Rs. 500/- and in default of payment of fine to undergo further 7 days' Simple Imprisonment, the original accused No.1 has preferred the Criminal Appeal No.57/2012.

(3.) At the outset it is required to be noted that as by now the original accused No.1 who has been convicted by the learned trial Court for the offence under Section 307 of the I.P.C. has already undergone sentence imposed by the learned trial Court, Shri N.P. Chaudhary, learned advocate appearing on behalf of the original accused No.1 does press Criminal Appeal No.57/2012 and therefore, he has requested to permit the original accused No.1 to withdraw the said Criminal Appeal No.57/2012. However, he has stated that same shall be without prejudice to his rights and contentions in Criminal Appeal No.161/2012. Under the circumstances, Criminal Appeal No.57/2012 preferred by the original accused No.1 challenging the impugned judgment and order of conviction passed by the learned trial Court by which the original accused No.1 has been sentenced to undergo 5 years' Rigorous Imprisonment is dismissed as withdrawn.