STATE OF GUJARAT Vs. JEHABHAI HIRABHAI KOLI

JUDGEMENT

(1.) THIS appeal is preferred, under Section 378 (1) of the Code of Criminal Procedure, by the appellant State against the judgment and order delivered by the Additional Sessions Judge, Dhrangdhra, District : Surendranagar on 7th April, 2005 in Sessions Case No.25 of 2003 whereby the present respondent accused came to be acquitted of the charges levelled against him under Section 302 of the Indian Penal Code.

(2.) WHILE going through the Record and Proceedings which is available with us and when learned advocate Mr.Balvantsinh Solanki appears on behalf of the respondent and undertakes to file his Vakalatnama, we have also allowed his appearance and heard him. After hearing learned APP Mr.K.C.Shah for the appellant State and learned advocate Mr.Balvantsinh Solanki, we granted leave to appeal and admitted appeal. Learned advocate Mr.Solanki waives service for the respondent accused.

(3.) THE Record and Proceedings of the trial Court is available with us, both the learned counsels produce the copies of the relevant documents and evidence and request this Court to take up this matter for final hearing today. The request is granted. This matter was heard finally.