THE STATE OF GUJARAT Vs. RATILAL NANABHAI PATEL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of acquittal dated 16.5.2006 passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Navsari in Sessions Case No. 13 of 2006, whereby the respondent -original accused was acquitted of the charges under Sections 302 and 323 of the Indian Penal Code and Section 135 of the Bombay Police Act.

(2.) THE facts in brief giving rise to the filing of present appeal are as under:

(3.) MS . C.M. Shah, learned APP appearing for the State has taken us through the evidence and contended that the trial Court has committed an error in acquitting the accused inspite of voluminous evidence against him and contended that the trial Court ought not to have acquitted the accused. She submitted that in the evidence of PW -1, Dr. Jiteshkumar Chhaganbhai Raut, the cause of death of the deceased is stated to be neurologic shock followed by abdominal injury. She also submitted that from the evidence of PW -4, Sureshbhai Koyabhai Patel, it is clear that on 18.12.2005 when he went near the house of the respondent -accused, he saw that the accused was beating his father and, therefore, along with this witness, Natu and Bharat went there to save the deceased. This witness has also identified muddmal articles before the Court. PW -5, Bharatbhai Kalidas Patel also supported the case of the prosecution. She submitted that inspite of evidence of the complainant, medical officer and evidence of other witnesses in support of the prosecution case, the learned trial Judge has erred in acquitting the accused from the charges levelled against him. She, therefore, prays that this appeal may be allowed by reversing the impugned judgment.