STATE OF GUJARAT Vs. DHIRUBHAI THOBHANBHAI

JUDGEMENT

(1.) CRIMINAL Misc. Application No.13010 of 2011 is filed by the State under section 378(1)(3) of the Code of CRIMINAL Procedure, 1973 for grant of leave to appeal against judgment and order dated 30.06.2011 passed by the Fourth Additional Sessions Judge, Veraval in Sessions Case No.67 of 2006. CRIMINAL Appeal No.1156 of 2011 is preferred by the State against that judgment, whereby the trial court has acquitted the respondents of the offences under Sections 302, 201 and 114 of Indian Penal Code, 1860 and Section 135 of Bombay Police Act, 1951. The application as well as the main appeal are before us.

(2.) LEARNED Public Prosecutor made available the copies of the evidence recorded before the trial court, enabling us to consider admission of the main appeal on merits. We have heard learned Additional Public Prosecutor in extenso, who took us through the evidence on record.

(3.) IT emerges from the evidence of all material witnesses that immediately after the incident, the accused-respondent No.1 and his brother took the victim out of their house and took him to the hospital on their own motor cycle. This conduct on the part of the accused weighed in their favour. IT also dispels any doubt about the suggested intention on their part to commit, abet or cover the offence. Even otherwise, PW-2 himself in his evidence admitted that the family of the victim and the accused were neighbours since long time without history of any quarrel in the past. The victim and Kuldeep were used to play together.