STATE OF GUJARAT Vs. HARIJAN BABU RANA

JUDGEMENT

(1.) THIS two appeals arise out of the impugned judgment and order and hence, they are disposed of by this common judgment. 1. 1 Criminal Appeal No. 1045 of 2004 is directed against the judgment and order of acquittal dated 26. 03. 2004 passed by the learned Additional Sessions Judge, 5th Fast Track Court, Junagadh, in Sessions Case No. 22 of 1995, whereby, the accused has been acquitted from the charges leveled against them, whereas, Criminal Appeal no. 1046 of 2004 has been preferred by the State for enhancement of the sentence imposed on respondents-accused for the offence u/s. 324, 114 IPC.

(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 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 itself, it is established that the prosecution has proved the ingredients of the offence against the present respondents. Learned APP has also taken this Court through the oral as well as the documentary evidence available on record.