LAWS(GJH)-2009-2-215

STATE DOF GUJARAT Vs. SHRIRAM ALIAS SHERIYA DADA

Decided On February 19, 2009
STATE DOF GUJARAT Appellant
V/S
SHRIRAM ALIAS SHERIYA DADA Respondents

JUDGEMENT

(1.) THIS appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the common judgment and order dated 03. 03. 1988 passed by the learned City Sessions Judge, Ahmedabad in Sessions Case No. 56/1987 and 141/1987, whereby, the respondents, original accused in Sessions Case No. 56/1987, were acquitted from the charges leveled against them.

(2.) THE facts in brief giving rise to the filing of the present appeal are as under;

(3.) MR. R. C. Kodekar, learned APP, has contented that the impugned judgment and order of the Court below is against the provisions of law; the Court below has not properly considered the evidence led by the prosecution and that looking to the provisions of law, it is established that the prosecution has proved the ingredients of the offence against the present respondents beyond doubt. Therefore, the impugned judgment and order deserves to be quashed and set aside.