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2016 Supreme(Guj) 983

M.R.SHAH, A.J.SHASTRI
State of Gujarat – Appellant
Versus
Jayantibhai Bhavanbhai Sodha – Respondent


Advocates Appeared:
For the Appellant : Rakesh Patel, Addl. Public Prosecutor

JUDGMENT :

M.R. Shah, J.

1. As both these appeals arise out of the impugned judgment and order passed by the learned Sessions Court, Surendrangar passed in Sessions Case No. 70 of 2009, both these appeals are decided and disposed of by this common judgment and order.

2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 5.9.2011 passed in Sessions Case No. 70 of 2009, by which, learned trial Court has acquitted original accused for the offence under Sections 304(B), 306 r/w Section 114 of the Indian Penal Code, State of Gujarat has preferred present Criminal Appeal No. 1668 of 2012 under Section 378 of the Code of Criminal Procedure.

2.1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned trial Court in so far as granting benefit of probation to the original accused Nos. 1, 3 and 4 while convicting them for the offences punishable under Section 498-A of the Indian Penal Code, the State has preferred Criminal Appeal No. 29 of 2012 under Section 377 of the Code of Criminal Procedure for enhancement of sentence.

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