STATE OF GUJARAT Vs. LUVANA BHUPATRAI BHAICHAND

JUDGEMENT

(1.) THE State of Gujarat, by way of this Appeal, has challenged the judgment and order dated 31.12.1991, passed by learned Additional Sessions Judge, Jamnagar, in Sessions Case No.64 of 1986, by which the respondents�accused were acquitted from the charges levelled against them under Sections 302 read with Sections 34 and 114 of the Indian Penal Code.

(2.) THE brief facts of the prosecution case as under:

(3.) WE have gone through the deposition of Gopalchand Mohanbhai Adhiya, the complainant, who has been examined as PW-3 at Exhibit-16. It reveals that he is not an eye witness to the incident. He received information from some persons about the involvement of the accused persons in the incident when he reached near the house of Bhupatbhai where his brother Lalit was lying. He is not clear that who informed about the involvement of the accused No. 1 and 2 in the incident and he is also not aware that who gave the knife blow to his deceased brother. Nothing comes out in the deposition of this witness. He has not explained the incident in detail even though he was informed by some persons who posed themselves as eye witnesses to the incident. Salim Amadbhai, PW-4, Exhibit-18; Popatlal Mavji, PW-5, Exhibit-19 and Devkunvarba Bahadursinh, PW-7, Exhibit-21, who were eye witnesses as per the prosecution, have not supported the case and shown their ignorance about the incident having been witnessed by them.