THE STATE OF GUJARAT Vs. BHADRESHBHAI DAHYABHAI PATEL

JUDGEMENT

(1.) Both these Criminal Appeals are filed under section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal passed by the court of learned Additional Sessions Judge, Panchmahal at Godhra in Sessions Case No.341 of 2003 dated 21.6.2006 and the judgment and order dated 28.2.2007 passed in Sessions Case No.149 of 2006 by learned Additional Sessions Judge, Panchmahal at Godhra acquitting the respondents in both these cases. Since genesis of the above cases as in FIR being CR No.I - 38 of 2002 filed before Kalol Police Station, District Panchmahal, but in view of subsequent arrest of the accused and filing of supplementary chargesheet, both the above sessions cases were tried separately and against which, acquittal appeals have been filed and are taken up for final hearing accordingly.

(2.) In all, there were total 5 sessions cases arising out of FIR being CR No.I - 38 of 2002 and outcome of the above sessions cases are as under. <FRM>JUDGEMENT_249_LAWS(GJH)8_2017_1.html</FRM>

(3.) In Sessions Case No.341 of 2003, there were 23 prosecution witnesses and in Sessions Case No.149 of 2006, total prosecution witnesses were 26. In both the above sessions cases, 11 prosecution witnesses were common and they have given their testimonies accordingly.