THE STATE OF GUJARAT Vs. RAVAL RAMESHBHAI GOVABHAI

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of acquittal dated 19.10.2005 passed by Additional Sessions Judge, Fast Track Court No. 1, Patan in Sessions Case No. 377 of 2002, whereby the respondent -original accused was acquitted of the charges under Sections 498(A) and 302 of the Indian Penal Code.

(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. He submitted that the prosecution has successfully proved its case through the evidence on record. He submitted that the trial Court ought to have believed the dying declaration of the deceased of the deceased. He also submitted that the prosecution witness gets corroboration from medical evidence and, therefore, it may not have been discarded by the trial Court. He also submitted that even the prosecution witnesses have supported the case of the prosecution and there was no reason to dis -believe their version. He, therefore, prays that this appeal may be allowed by setting aside the impugned judgment.