STATE OF GUJARAT Vs. THAKORE SHAKRAJ KHODAJI

JUDGEMENT

(1.) Respondent No.1 Thakore Shakraji Khodaji was tried before the learned Sessions Judge, Ahmedabad Rural at Narol for the offence of murder punishable under Section 302, Indian Penal Code, while respondent No.2 Barot Dharmendra alias Dharma Prahladrai was tried for the offence of murder punishable under Section 302 read with Section 34, Indian Penal Code. The learned Sessions Judge, after appreciating the evidence recorded before him, came to the conclusion that the witnesses were not reliable and accordingly acquitted both the respondents. The State being dissatisfied with the said order of acquittal has challenged the same by filing this appeal.

(2.) Briefly stated, the facts of the case as alleged by the prosecution are as follows:

(3.) The learned Additional Public Prosecutor who appears on behalf of the State has taken us through the material evidence on record and urged that the learned Sessions Judge committed error in not relying upon the evidence of the witnesses who had seen the incident for the reasons which do not appear to be at all convincing. The learned advocate Mr. H.K. Thakor who appears for respondent No.1 (original accused No. 1) submitted that this is an appeal against acquittal and the learned Sessions Judge having seen the witnesses in the box thought it Dot fit to rely upon them, this Court should be very slow in interfering with the conclusion reached by the learned Sessions Judge about the appreciation of the said oral evidence.