STATE OF GUJARAT Vs. POCHABHAI H VANKAR

JUDGEMENT

(1.) PRESENT Criminal Appeal under Section 378 of the Code of Criminal Procedure, 1973 has been preferred by the appellant ­ State of Gujarat challenging the impugned judgment and order dated 30.03.1994 of acquittal passed by the learned Additional Sessions Judge, Kheda, at Nadiad in Sessions Case No.233 of 1993 by which the learned Sessions Court has acquitted the respondents herein ­ original accused for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC").

(2.) FACTS leading to the present Criminal Appeal in nutshell are as under:

(3.) PRESENT Appeal is opposed by the Shri H.M. Parikh, learned advocate appearing on behalf of the accused persons. It is submitted that on appreciation of evidence the learned Judge has rightly disbelieved PW5 Premabhai (Exh.27). It is submitted that as such Premabhai cannot be said to be the eyewitness. It is submitted that even the said Premabhai immediately did not disclose what is stated in the deposition to the police and even the FIR was lodged by Madhuben ­ wife of Valjibhai. It is submitted that as such even the medical evidence also does not support the case of PW5 Premabhai. It is submitted that except Premabhai nobody has claimed to be the eyewitness and so far as socalled eyewitness is not believable at all and therefore, the learned Judge has rightly acquitted the accused. It is submitted that as such the view taken by the learned trial Court is plausible and possible and as such view taken by the learned Judge is possible and therefore, it is requested to dismiss the present Appeal. He has also relied upon the following decisions of Hon'ble Supreme Court in support of his prayer to dismiss the present Appeal.