- (1.) The appellant-State of Gujarat has challenged the order recorded in Sessions Case No. 299/91 by the Addl. City Sessions Judge, Ahmedabad of acquittal of the charge made under Sec. 302 1PC by filing this acquittal appeal under Sec. 377 of Cr. P.C., 1973 (Code) against the respondent-original accused-Bharat Chimanlal Patel.
(2.) Respondent-Original accused-Bharat Chimanlal Patel and Suryakant Balkishan More were charged for the offence punishable under Secs. 307, 326, 452, 302, 324 & 323 read with Sec. 34 IPC and also under Sec. 135 Bombay Police Act, 1851 before the Additional City Sessions Judge, Court No. 8, Ahmedabad city in Sessions Case No. 299/91. The trial Court after recording necessary evidence tendered by the prosecution passed the impugned order of acquittal of the charge under Sec. 302 IPC. The Trial Court held that the original accused No. 1-Bharat Chimanlal Patel-respondent No. 2 herein is guilty for the offence punishable under Secs. 304 Part II and 307 IPC. Accused No. 1 thus is held guilty for the offence punishable under Sec. 304 Part II IPC for causing homicidal death of 12 days old baby-girl of Manjulaben by giving kick blows.
(3.) Both the accused persons came to be acquitted of the charge under Sec. 135(1) of Bombay Police Act. Accused No. 2 came to be acquitted of the charges against him. In short, the trial court held the accused No. 1-Bharat Chimanlal Patel-respondent No. 2 in this appeal guilty for the offence punishable under Sec. 304 Part II, Secs. 307 and 452 of IPC acquitting accused No. 2 of the charges by impugned judgment dated 18.4.1994 in Sessions Case No. 299/91.;