STATE OF GUJARAT Vs. NURMAMAD HAJIBHAI

JUDGEMENT

(1.) M .R. SHAH 1. Present appeal under Section 378 of the Code of Criminal Procedure has been preferred by the appellant herein State of Gujarat challenging the impugned judgment and order of acquittal passed by the learned Additional Sessions Judge, Rajkot dated 21.10.1991 passed in Sessions Case No. 55 of 1990, by which, the learned Judge has acquitted the respondent herein original accused for the offences punishable under Sections 302 and 504 of the Indian Penal Code.

(2.) DURING the trial, the prosecution submitted the list of documents and certain documents came to be admitted by the defence inclusive of medical treatment papers. That the prosecution also submitted the purshis at Exh.43 to drop the certain witnesses and also the witnesses who came to be examined. The prosecution dropped the panch witnesses as the panchnama was admitted by the defence. The prosecution also dropped the Medical Officer who gave the medical treatment to the deceased as the medical treatment certificates (which were exhibited at Exhs. 18 and 19) were admitted by the defence. The prosecution also dropped the certain other witnesses inclusive of one Arab Abdulbhai.

(3.) PRESENT Appeal is opposed by Shri K.S. Chandrani, learned advocate appearing on behalf of the original accused. It is submitted that as such the present appeal is under Section 378 of the Code of Criminal Procedure and therefore, if the view taken by the learned trial Court is plausible this Court may not interfere with the impugned judgment and order of acquittal. It is submitted that in the present case the learned trial Court has acquitted the accused on appreciation of evidence and by giving cogent reasons and findings and therefore, it is requested to dismiss the present appeal.