Few facts need mention hereinbelow for the disposal of the appeal.
101/2010 under Section 302 of the Indian Penal Code, 1860 hereinafter referred to as IPC which gave rise to filing of the present appeal by way of special leave by the appellant accused in this Court.
Heard Ms. Vibha Datta Makhija, learned senior companynsel for the appellant and Ms. Puja Singh, learned companynsel for the respondent.
Abhay Manohar Sapre, J. Leave granted.
This appeal is filed against the final judgment and order dated 25.04.2016 passed by the High Court of Gujarat at Ahmedabad in Criminal Appeal No.1512 of 2011 whereby the Division Bench of the High Court dismissed the appeal filed by the appellant herein and Signature Not Verified Digitally signed by ANITA MALHOTRA Date 2018.12.03 companyfirmed the order of companyviction and sentence dated 170021 IST Reason 30.09.2011 passed by the 9th Additional Sessions Judge, Vadodara in Sessions Case No.101 of 2010.
By impugned order, the Division Bench of the High Court dismissed the criminal appeal filed by the appellant accused and companyfirmed his companyviction and sentence awarded by the 9th Additional Sessions Judge, Vadodara in Sessions Case No.
Having heard the learned companynsel for the parties and on perusal of the record of the case, we are companystrained to allow the appeal, set aside the impugned order and remand the case to the High Court for deciding the criminal appeal afresh on merits.
