(1.) At the very outset, let it be mentioned that on account of dissenting and divergent views expressed by two learned Judges of this Court in an acquittal appeal, under section 378 of the Code of Criminal Procedure, 1973 (Cr.P.C.), the learned Chief Justice, has referred this appeal, pursuant to the exercise of the provisions of section 392 of the Cr.P.C. and that is how, this Single Bench is constituted to call upon to decide, determine and adjudicate upon as to whether it is a case of acquittal or conviction or for any other order or direction, as mandated by section 392 of the Cr.P.C.? Before the provisions of section 392 of the Cr.P.C. are looked into, evaluated and examined, it would be appropriate, at the first stage, to highlight, the factual projection requiring consideration for legal fate of this acquittal appeal.
(2.) The gist of trial against the three accused persons who are appellant in this appeal is an unfortunate event which occurred, at about, 4.45 p.m., on 19th July, 1988, near Patel Restaurant situated on a road leading from Rajkamal hotel to Amreli Tower road in a market in the city of Amreli. The incident culminated into the homidical death of one Chakku @ Shekhar Ravishankar Shukla, a married person with a child.
(3.) This acquittal appeal, at the instance of State, is against the acquittal of the respondents, original accused Nos.1 to 3, who are hereinafter referred, as such, as arraigned before the Trial Court, for the sake of convenience and brevity. They came to be tried in Sessions Case No.70/88, upon the main charge, as at, Ex.5, under section 302 read with sectins 109 and 114 of the Indian Penal Code. Accused No.1 (A-1) is the father of accused No.2 (A-2). A-3 has been the friend of A-2. The common phenomenon in this case is that all the accused and, also, the deceased were known by their alias-names.
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