STATE OF GUJARAT Vs. VINODKUMAR SHIVKUMAR SOLANKI

JUDGEMENT

(1.) Leave to appeal granted. Appeal is admitted. Learned advocate Mr. Y.M. Thakore waives for respondents.

(2.) Upon request of learned advocate for the respondents, this matter is taken up for final hearing today as Record and Proceedings are available with us and that learned APP as well as Mr. Y.M. Thakore assured to assist this Court with extra copies of the evidence and documents produced before trial Court.

(3.) Instant appeal is preferred by the State under Section 378 of the Code of Criminal Procedure against the judgment and order delivered by learned Sessions Judge, District Mehsana on 7th January,2005 in Sessions Case No. 219 of 2004. Both the respondents herein being accused of the Sessions Case were charged for the offences punishable under Section 302 to read with Section 34 of the Indian Penal Code. Vide judgment and order impugned, respondent No. 1 herein accused No. 1 Vinodkumar Shivkumar Solanki came to be acquitted by the trial court for all the charges levelled against him while accused No. 2 -respondent No. 2 herein Champaben Shivkumar Javansinh though was acquitted of the charge levelled against her under Section 302 to read with Section 34 of the Indian Penal Code but she was convicted for the charge proved against her under Section 304 Part II of the Indian Penal Code and she was sentenced to undergo rigorous imprisonment of five years and to pay fine of Rs. 5000/-. However, the instant appeal pertains to the acquittal orders passed by the trial court in respect of both the accused while we are informed at Bar that no appeal has been preferred by respondent No. 2 herein for her conviction and sentence, as aforesaid.