STATE OF GUJARAT Vs. JAGAJI RAMTIJU THAKORE

JUDGEMENT

(1.) By way of the present appeal under Section 378(1) (3) of Code of Criminal Procedure, the appellant has challenged the judgement and order of acquittal dated 2.1.2001 passed by learned Additional Sessions Judge, Gandhinagar, in Sessions Case No. 32 of 2000 whereby the present respondents-original accused were acquitted of the charges levelled against them under Sections 302, 447 and 34 of the Indian Penal Code and under Section 135 of the Bombay Police Act.

(2.) The brief facts of the prosecution case are that sister of the complainant is married to accused No. 1 prior to 10 years of the incident. Accused No. 1 used to beat her under the influence of liquor. She was, therefore, staying with her parents. On the occasion of Diwali, accused No. 1 came to their village, namely, Vajapur and quarreled with the complainant.

(3.) Learned APP Mr. Soni for the appellant has mainly contended that there are evidences of three eye witnesses which prove the act done by the present accused. Therefore, the trial Court has committed error in acquitting the accused of the charges. He further contended that the case is based on circumstantial evidences. The trial Court ought to have appreciated the evidence of Manuji Dahyaji at Exh. 36. who had stated that accused got down near the place of incident.