STATE OF GUJARAT Vs. HARUN RASID DAUD SULEMAN

JUDGEMENT

(1.) THIS appeal was listed before this Court time and again. It is pointed out by the Registry that in spite of all efforts the State is not in a position to serve the respondent -accused since he has left India. Since this is a very old matter of the year 1985 we have requested Mr. M.J. Budhbhatti to assist this Court on behalf of respondent -accused and accordingly this matter was taken up for final hearing.

(2.) THE present appeal, under Section 378 of the Code of Criminal procedure, 1973, is directed against the judgement and order of acquittal dated 18th May 1985 passed by the learned Additional Sessions Judge, Vadodara, in Sessions Case No. 23 of 1985 whereby the accused was acquitted of the charges leveled against him.

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