SAVJIBHAI AMBABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Criminal Revision Application has been filed by the applicant-original complainant under Section 397 read with Sec.401 of the Code of Criminal Procedure seeking to quash and set aside judgment and order dated 5-5-2005 passed in Sessions Case No.13 of 1994 by the learned Addl. Sessions Judge, Morbi, District Rajkot, whereby the respondent Nos.2-10-original accused were acquitted of the charges levelled against them.

(2.) IN pursuance of a trial being conducted against the respondents-accused for the offences punishable under Secs.147, 148, 149, 307, 324, 323, 504, and 506(2) of IPC and Sec.135 of B.P.Act, the accused were acquitted by the learnd Addl. Sessions Judge, Morbi vide judgment and order dated 5-5-2005 passed in Sessions Case No.13 of 1994 which is a cross case of Sessions Case No.47 of 2003.

(3.) IT is submitted by learned APP, Mr.L.R.Pujari for the respondent No.1-State and learned advocate, Mr.Sandeep Bhatt for the original accused that the prosecution has failed to prove the charges against the accused. IT was rightly observed by the court below that there were contradictions in the testimony of injured eye witness, who is the original complainant and hence, the accused were rightly acquitted by the trial court.