LAWS(GJH)-2023-3-1324

STATE OF GUJARAT Vs. SUNIL

Decided On March 28, 2023
STATE OF GUJARAT Appellant
V/S
SUNIL Respondents

JUDGEMENT

(1.) This application is filed for grant of Leave to Appeal against the acquittal recorded by the Sessions Judge, Jamnagar vide order dtd. 9/9/2022 in Sessions Case No. 76 of 2012.

(2.) From the record, it appears that the incident took place as under:-

(3.) The Court has find that the injured eye-witness Keshav @ Keshu Khimjibhai Vaghela, who was examined at Exh.139 has witnessed the incident, suffered injury and deposed in his deposition attributing clear-cut role to the respondent, who has inflicted knife blows on the vital part Chest, Right Hand and Right Leg of the deceased - Ajaj, and thereby, causing death. This witness has also given root cause because of which the incident has taken place thereby giving the motive behind the commission of the offence. It appears that the evidence of this witness is not correctly appreciated by the Sessions Court.