STATE OF GUJARAT Vs. JIGNESHBHAI RAJUBHAI PARMAR

JUDGEMENT

(1.) RULE . Mr. Soni, learned APP waives service of notice of Rule. Heard learned advocates for the parties. In view of the averments made in the application, the delay caused in filing appeal is required to be condoned. Accordingly, delay is condoned. Application stands allowed accordingly. Rule is made absolute accordingly.

(2.) PRESENT application under section 378(1)(3) has been filed for leave to appeal against the judgement and order dated 25.02.2013 passed by the Additional Sessions Judge, Morbi in Sessions Case No. 50 of 2012 for the offences punishable under sections 307, 498(A), 114 of Indian Penal Code.

(3.) MR . Soni, learned APP appearing for the applicant -State has submitted that the trial court committed an error in releasing the respondent -accused. It was contended by Mr. Soni, 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.