LAWS(GJH)-2017-12-118

STATE OF GUJARAT Vs. NATVARSINH N GOHIL

Decided On December 27, 2017
STATE OF GUJARAT Appellant
V/S
Natvarsinh N Gohil Respondents

JUDGEMENT

(1.) The common judgment and order dated 22nd February 1994 passed by the learned Additional Sessions Judge, Court No. 3, Ahmedabad in Sessions Case No. 85 of 1990 and Sessions Case No. 129 of 1993 acquitting the respondents-original accused in respect of the offence which came to be registered against them before Sabarmati Police Station, Ahmedabad is assailed in this pair of Appeals preferred under Section 378 of the Code of Criminal Procedure, 1973 [" CrPC " for short].

(2.) Facts emerging from two different complaints are - 2.1 The present case of the prosecution relates to CR No. I-158/1989 registered with Sabarmati Police Station, Ahmedabad for an offence punishable under Sections 307 , 451 and 34 of the Indian Penal Code [" IPC " for short] read with Section 135(1) of the Bombay Police Act.

(3.) Further statement of the accused persons came to be recorded, as per provisions of Section 313 CrPC, after a declaration by the prosecution regarding completion of the evidence. In that statement, the accused stated that a false case had been filed against them and claimed to be tried.