STATE OF GUJARAT Vs. KANUBHAI ZINABHAI PATEL

JUDGEMENT

(1.) THE State of Gujarat preferred this acquittal appeal, challenging the acquittal of fourteen respondents herein, who were original accused Nos. 1 and 4, 8 and 13 to 20 in Sessions Case No.134 of 1999. In Sessions Case No. 134 of 1999, in all, there were twenty accused persons, out of which, the original accused No.11 Balubhai Chotubhai Dhodia Patel expired, when the trial of the Sessions Case was pending. Therefore, the Sessions case proceeded against nineteen accused persons. The learned Additional Sessions Judge, Vyara by judgment and order dated 28.8.2001 recorded conviction of the co -accused Nos. 2, 3, 9, 10 and 12 for the offence punishable under Section 302 read with Section 149 of the Indian Penal Code ( 'IPC, for short) and each of them was sentenced to undergo imprisonment for life and fine of Rs.1,000, and in default of payment of fine S.I for one month. By virtue of the said judgment, the present fourteen respondents, who were co -accused persons in the said case came to be acquitted.

(2.) BY judgment and order dated 26.2.2009, Criminal Appeal No. 838 of 2001 came to be allowed and the order of conviction recorded by the learned Additional Sessions Judge, Vyara, came to be set aside and the convicted -appellants accused persons came to be acquitted. While disposing of the Criminal Appeal No. 838 of 2001, the oral and documentary evidence adduced by the prosecution in the aforesaid Sessions Case came to be discussed and scrutinized. When such is the situation, we deem it expedient to take up the acquittal appeal bearing Criminal Appeal No. 422 of 2002, for hearing of admission.

(3.) THE record and proceedings of Sessions Case No. 134 of 1999 are still available in this Court and we have examined the record and proceedings of the Sessions Case No. 134 of 1999 in context with the submission made by learned APP Mr. Mengdey for the appellant -State.