STATE OF GUJARAT Vs. KANUBHAI SHAMALBHAI PATEL

JUDGEMENT

(1.) The State of Gujarat by this appeal challenges the acquittal recorded by the Sessions Judge Bharuch in Sessions Case No. 97 of 1979 by which the three respondents came to be acquitted for the charges under sec. 302 read with sec. 34 of the Indian Penal Code. The short facts which gave rise to this appeal may be stated as under:

(2.) In due course the case came to be committed to the Court of Sessions. Before the learned Sessions Judge at Bharuch ten witnesses were examined and after appreciating the evidence on record the learned Sessions Judge came to the conclusion that the offence against the accused was not proved and as a result acquittal of the these respondents was recorded. The State has challenged that acquittal by filing this appeal.

(3.) Now so far as this case is concerned there are three eye witnesses and they are P.W. 1 Bhupendra P.W. 2 Ambalal and P.W. 5 Shantilal. There is also a dying declaration recorded by the Head Constable which is at exh. 26. The learned Sessions Judge for the reasons recorded in the judgment which we will discuss shortly came to the conclusion that the eye witnesses may not have seen the incident and they might be giving evidence from hearsay and he also rejected the dying declaration on the ground that he could find some discrepancies in the dying declaration.