THE STATE OF GUJARAT Vs. ANILSING AMARNATHSINGH SENGAR

JUDGEMENT

(1.) HEARD learned Additional Public Prosecutor Ms. C.M. Shah for the appellant - State and learned Advocate Mr. Hardik K. Raval for the respondent No. 1.

(2.) BY way of this Appeal, the Appellant - State has felt aggrieved by the judgment and order of acquittal dated 29.06.2005 of the learned Presiding Officer, Fast Track Court No. 13, Gondal in Sessions Case No. 79/2004 whereby the respondent herein was acquitted of the offences punishable under Section 302 of the Indian Penal Code and under Section 37(1) and 135 of the Bombay Police Act.

(3.) LEARNED Additional Public Prosecutor Ms. C.M. Shah has submitted that the learned Judge ought to have appreciated that the cause of death is due to shock on account of intra cerebral hemorrhage and major injury to the vital organ brain. The learned Judge ought to have believed the evidence of the Doctor at Exhibit 22, from which inference can be gathered that the death was a homicidal death and it is also clearly stated therein that injury caused to the deceased was possible by the muddamal iron pipe. Further, it is stated that the blood group of the accused, the blood group of the muddamal articles, which were sent to the FSL for analysis and the blood group of the deceased are one the same. It is also submitted that the evidence of the complainant at Exhibit 5 ought to be appreciated. Considering the above, it is submitted that this is a fit case which requires interference of this Court and the judgment and order of the learned Judge be upturned.