STATE OF GUJARAT Vs. ANILBHAI RATILAL SOALNKI

JUDGEMENT

(1.) Present application under section 378(1)(3) has been filed for leave to appeal against the judgement and order dated 07.09.2012 passed by the Sessions Judge, Navsari in Sessions Case No. 13 of 201 2 for the offences punishable under sections 143, 147, 146, 302 r/w section 201, 149/34 and 396 of Indian Penal Code.

(2.) The brief facts of the prosecution case are that on 13.11.2011, while the complainant was at his house, he received a phone call that his brother deceased who had gone with a pick up van bearing registration no. GJ-21-T-4638 was assaulted by accused no. 1. Therefore the complainant went to the scene of offence and tried to locate his brother at the field of accused no. 1. The complainant found his brother lying dead at the field of the accused. Therefore the police was informed and complaint was lodged. Pursuant to the complaint, investigation was carried out. After investigation, the accused persons were apprehended and charge-sheet was filed and as the case was triable by the Court of Sessions, it was committed to the Court of Sessions, Rajkot. The trial Court framed charge against the accused. The accused pleaded not guilty to the charge and claimed to be tried.

(3.) Ms. Chetna M. Shah, learned APP appearing for the applicant-State has submitted that the trial court committed an error in releasing the respondents-accused. It was contended by Ms. Shah, that the judgement and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondents.