STATE OF GUJARAT Vs. NAGAJIBHAI MAGANBHAI BHABHOR

JUDGEMENT

(1.) AS both these appeals arise out of the common judgment and order passed by the learned Additional Sessions Judge, Fast Track Court, Panchmahals at Godhra and common facts are involved in this case, they are disposed of by this common judgment.

(2.) THESE appeals are filed by the appellant State under Section 378(1)(3)of Criminal Procedure Code, 1973 against the common judgment and order passed by the learned Additional Sessions Judge, Fast Track Court, Panchmahals at Godhra in Sessions case Nos.185/2003 and 346/2003 on 15.5.2004, whereby the learned Additional Sessions Judge has acquitted the opponents of criminal appeal nos.1960/04 and 1961/04 who are the accused nos.1 and 2 of Sessions Case No.346/03 and 185/03 respectively from the offence punishable under Section 395 of the Indian Penal Code.

(3.) THE case was committed to the Court of Sessions and charge was framed against the accused under Sections 397 -398 of Indian Penal Code and was read over to the accused. As the accused pleaded not guilty and claimed to be tried, the learned trial Court, after recording the evidence and hearing the learned counsel for both the sides, learned trial Court acquitted the accused from the offence punishable under Section 397 -398 of Indian Penal Code against which the present appeals are filed.