STATE OF GUJARAT Vs. DALPATBHAI CHIMANBHAI PATEL

JUDGEMENT

(1.) The appellant - State has preferred present appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for short) challenging the judgment and order of acquittal dtd. 12/9/1996 rendered by the learned Additional City Sessions Judge, Court No. 13, Ahmedabad in Sessions Case No.129 of 1992, whereby trial court has acquitted the respondent accused from the charges levelled against him for the offences punishable under Sec. 302 of Indian Penal Code.

(2.) The brief case of the prosecution is as under:

(3.) One Ganesh Yadav filed a complaint before the Sardar Nagar Police Station, wherein he has stated that one Ramnath informed him at about 10.00 a.m. that Vijaymal had been attacked by one Dalpat and he was lying near his house in bleeding condition. Therefore, the said Ganesh Yadav reached to the spot where Vijaymal was lying in bleeding condition. He, therefore, took injured Vijaymal to Police Station, whereas, P.S.I. Mr. Oza recorded a complaint of Ganesh Yadav and the injured was sent to the hospital with the yadi. It is the case of the prosecution that as injured was in unconscious condition, his dying declaration could not be recorded and about 20 hours, the injured has succumbed to the injuries.