STATE OF GUJARAT Vs. SHAILENDRASINH RANJITSINH SHEKTAVAT

JUDGEMENT

(1.) The present appeal under Sec. 378 of the Code of Criminal Procedure is preferred by the State against the judgment and order dtd. 17/10/1997 passed by the Additional Sessions Judge, Sabarkantha at Himmatnagar in Sessions Case No.127 of 1993, recording the acquittal of the respondent of the charge of Sec. 302 of the Indian Penal Code.

(2.) It is a case where the respondent who was working as a Police Constable and the deceased-Mahendrasinh were good friends and on 16/12/1992 at 4:00 p.m. while Mahendrasinh was at his work, the respondent came there and using the service gun fired upon the deceased, thereby killing him.

(3.) Learned Additional Public Prosecutor has taken this Court through the charge and thereafter, the evidence of the eyewitnesses as also the evidence of the panch witnesses and the medical evidence as well as the evidence of the police officers including the investigating officer to submit that the Sessions Court has committed an error in acquitting the respondent.