REGENT COMPUTRONICS PVT. LTD.

STATE OF GUJARAT Appellant

V/S

Ashokkumar Kantilal Jani Respondents

Referred Judgements :-

JUDGEMENT

(1.) THE State of Gujarat is before this Court being aggrieved by the judgment and order dated 06.02.1992 passed by the learned Additional Sessions Judge, Mehsana, in Sessions Case No.236 of 1990, whereby the learned Additional Sessions Judge was pleased to record acquittal for offence under Sections 302 and 452 of the Indian Penal Code and Section 135(1) of the Bombay Police Act.

(2.) THIS Court is conscious that this is an appeal against an order of acquittal and the Hon'ble the Apex Court has reiterated scope and ambit of appeal against acquittal under Section 378 of the Code of Criminal Procedure. The Hon'ble the Apex Court in the case of Shivaji Sahebrao Bobade and Anr. Vs. State of Maharashtra, 1973 2 SCC 793had an occasion to observe as under: -

(3.) TAKING the aforesaid observations of the Hon'ble the Apex Court as the guiding principles, the Court deem it proper to first examine the judgment recording acquittal. Learned Additional Sessions Judge, Mehsana in the judgment and order of acquittal has recorded reasons from para -6 onwards. In para -6, learned Additional Sessions Judge has recorded that, 'Dr.A.S.Parmar in his evidence -Exh.7 has stated that the injury caused by sharp edged weapon, which has resulted into puncture of heart, was sufficient in the natural course to cause death; that by muddamal article knife, such an injury is possible; that the P.M. Note prepared by him is also proved wherein it is stated that the said injury is possible by knife. Referring to a decision of the Hon'ble the Apex Court reported in AIR 1980 SC 361, the learned Public Prosecutor submitted that the 'deep wound' is the proof of the act being a 'culpable homicide'.

Click here to view full judgment.

STATE OF GUJARAT Vs. ASHOKKUMAR KANTILAL JANI

Referred Judgements :-

JUDGEMENT

QUick Links

Get in Touch

Email

Contact Numbers

Address