STATE OF GUJARAT Vs. BHEMJI MADAJI THAKOR

JUDGEMENT

(1.) Present criminal miscellaneous application has been preferred by the applicant - State of Gujarat for leave to appeal against the impugned judgment and order passed by the learned 4th Additional Sessions Judge, Banaskantha (hereinafter referred to as "trial Court") in Sessions Case No.104/2013 by which the learned trial Court has acquitted the accused for the offences punishable under sections 307 and 326 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") by giving the benefit of doubt.

(2.) To satisfy ourselves whether there is any substance in the appeal, we have heard Shri K.P. Raval, learned APP at length. He has placed before the Court the relevant evidence both oral as well as documentary for the perusal of the Court. We have perused and considered and re-appreciated the evidence on record both oral as well as documentary.

(3.) Considering the impugned judgment and order passed by the learned trial Court and on re-appreciating the entire evidence on record, we are satisfied that the learned trial Court has rightly acquitted the accused for the offence punishable under sections 307 and 326 of the IPC, by giving the benefit of doubt. The offence recorded by the learned trial Court are all on appreciation of evidence on record.