STATE OF GUJARAT Vs. BABUBHAI GOYABHAI PARMAR

JUDGEMENT

(1.) The appellant State of Gujarat has preferred Criminal Appeal No.1324 of 2006 under section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 18.3.2006 rendered by learned Additional Sessions Judge, Ahmedabad (Rural), Ahmedabad in Sessions Case No.8 of 1999, whereas Criminal Revision Application No.328 of 2006 is preferred by the complainant.

(2.) The short facts giving rise to the present appeal are that the accused formed unlawful assembly on 8.9.1996 during nocturnal hours at about 10.30 and in furtherance thereof, accused Nos.2, 3 and 4 inflicted blows by knife to the deceased and accused No.1 caught hold the deceased and that accused No.6 inflicted blow by knife over the person of the deceased who sustained serious injuries and he succumbed to the injuries and thereby the accused committed the offence under sections 143, 147, 148, 302 of Indian Penal Code as well as accused No.5 concealed the weapon and thereby committed the offence under section 201 of IPC.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the respondents accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.