(1.) Dura lex, sed lex "The law [is] harsh, but [it is] the law."
(2.) The present appeal filed under Sec. 378 1. 3. of the Code of Criminal Procedure, 1973 for short, "the Cr.P.C.". is directed against the judgment and order of acquittal dtd. 20/4/1999 passed by Additional Sessions Judge, Gondal at Rajkot in Sessions Case No.95 of 1997.
(3.) The case of the prosecution, as per the charge at Exh.1, is that on 29/3/1997 at around 7:35 hours in the morning in Jetpur City at Nava Darwaja in Gondra area, near Kaccha Road, the respondent - accused murdered his wife Savitaben deceased. by inflicting various blows of knife on account of some proceedings filed by her against him seeking maintenance. The first informant, Kanjibhai Bijalbhai Dabhi, PW-5. is the brother of the deceased - Savitaben. The accused was arrested on 29/3/1997 i.e. on the very same day. The trial Court, after examination of both - ocular as well as documentary evidence, has acquitted the respondent - accused by giving him benefit of doubt.
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