LAWS(GJH)-2021-9-1686

STATE OF GUJARAT Vs. KALPESHBHAI BHARATBHAI VASAVA

Decided On September 08, 2021
STATE OF GUJARAT Appellant
V/S
Kalpeshbhai Bharatbhai Vasava Respondents

JUDGEMENT

(1.) This is an application by the State, under Sec. 378 of the Code of Criminal Procedure, seeking leave of this Court to file appeal against the judgment and order passed by the Additional Sessions Judge, Surat dtd. 31/5/2021 in Special Case No.135 of 2014. By the impugned judgment, the Sessions Court has acquitted three accused who were tried for having committed the offence under Ss. 307, 504 and 114 of the Indian Penal Code.

(2.) Heard Mr.Hardik Soni, learned Additional Public Prosecutor for the applicant " " State.

(3.) Learned Additional Public Prosecutor has vehemently submitted that, there was evidence on record of the injured witnesses themselves that the accused had attacked them with weapons and the Sessions Court fell in error in not appreciating the said piece of evidence properly. It is submitted that the acquittal recorded by the Sessions Court needs to be interfered with by this Court. It is submitted that this appeal be entertained.