STATE OF GUJARAT Vs. GOKAL PITAMBER

JUDGEMENT

(1.) The present appeal emanates from the judgement and order of acquittal dtd. 20/9/1996 passed by the learned Additional Sessions Judge, Surendranagar in Sessions Case No.126 of 1994 acquitting the respondent-accused for the offence, for which he was charged under Ss. 302, 324 of the Indian Penal Code, 1860 and under Sec. 135 of the Bombay Police Act, 1951.

(2.) The case of the prosecution, as per the charge below Exh.3 is that the respondent-accused on 22/9/1994 in the night at 12 o'clock had murdered one Labhu Ramsinh, after altercation, with a knife at village Nava Kuda, Taluka Dhrangadhra, Dist.Surendranagar.

(3.) The trial Court, after examining 18 witnesses, and documentary evidence, acquitted the respondent-accused by giving him benefit of doubt. The State has assailed such judgement and order of acquittal by way of the present appeal.