STATE OF GUJARAT Vs. VIJAYSINH FULSINH SOLANKI

JUDGEMENT

(1.) THE State has preferred Criminal Appeal No. 1087 of 1999 challenging the Judgment and order of acquittal of respondents - accused from the offences punishable under Sections 307, 333, 338, r/w Section 149 I. P. Code and preferred another Criminal Appeal No. 1088 of 1999 being aggrieved by and dissatisfied with the Judgment and Order dated 14. 6. 1998 passed by the learned Additional Sessions Judge, Panch Mahals at Godhra under section 378 of the Code of Criminal Procedure, 1973, for enhancement of punishment, as according to the appellant - State the punishment for the offence under Sections 333, 337, 353 r/w Section 149 I. P. Code sentencing the respondents to suffer punishment till rising of the Court with fine of Rs. 30/-, Rs. 30/- and Rs. 40/- respectively, is laser punishment.

(2.) THE brief facts of the prosecution case are as under:

(3.) IT was contended by learned APP that the judgment and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondent. Learned APP has also taken this court through the oral as well as the entire documentary evidence. Ms. Shilpa Shah, learned Counsel appearing for the original complainant in above Revision Application also supported the submissions advanced by the learned APP.