STATE OF GUJARAT Vs. PAPPU @ JITENDRA

JUDGEMENT

(1.) THE State of Gujarat is before this Court being aggrieved by the judgment and order dated 22.6.1991 passed by the learned Additional Sessions Judge, Ahmedabad, in Sessions Case No.20 of 1991, whereby the learned Additional Sessions Judge was pleased to record acquittal for offence under Section 302 read with section 114 of 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, this Court deems it proper to first examine the judgment recording acquittal.