DEEPAKBHAI HASRAJBHAI SAVALIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present petition filed u/s 397 r/w Sec. 401 of the Code of Criminal Procedure, 1973, the petitioner challenges judgment and order dtd. 12/3/2004 passed by the learned Assistant Sessions Judge, Rajkot in Sessions Case No.143 of 2001, whereby the learned Session Judge has acquitted the respondents accused.

(2.) The brief facts of the case are that the deceased Vipul was staying with the complainant Dipakbhai and was learning silver work from the complainant. That on 9/7/2001, when Dipak and his friend Chandresh came to the house of the complainant, they found the door open from outside and found deceased Vipul lying on the ground. Thereafter, deceased Vipul was shifted to the Hospital, where the doctor found him dead. Therefore, the complainant Dipak filed complaint against unknown persons before Rajkot "B" Division Police Station being I - C.R. No. 453 of 2001.

(3.) Charge was framed. The petitioner pleaded not guilty and claimed to be tried. Therefore, the case was returned for recording the prosecution evidence. The prosecution has examined witnesses, as also produced documentary evidence. The learned trial Court having appreciated the said evidence recorded the finding as noted in the judgment culminated in acquittal as stated supra.