STATE OF GUJARAT Vs. NATUBHA CHATURSINH GOHIL

JUDGEMENT

(1.) HEARD learned Additional Public Prosecutor Ms. Nisha M. Thakore for the appellant - State and learned Advocate Mr. Ketan A. Dave for the respondents No. 1 - 3.

(2.) BY way of this Appeal, the Appellant - State has felt aggrieved by the judgment and order of acquittal dated 30.04.2005 of the learned Sessions Judge, Bhavnagar, in Sessions Case No. 144/1999 whereby the respondent herein was acquitted of the offences punishable under Section 302 of the Indian Penal Code. The case in brief and the incident which occurred on 11.10.1991 are as under: - -

(3.) LEARNED Additional Public Prosecutor Ms. Nisha M. Thakore has submitted that the learned Judge has not properly appreciated the oral as well as documentary evidence on record of the case and thereby committed an error in acquitting the respondent for the offence punishable under Section 302 of the Indian Penal Code. It is also submitted that the learned Judge has failed to appreciate the oral testimony of the wife of the deceased PW1 - Jayshreeben at Exhibit 12, PW2 - Prafulbhai at Exhibit 17, PW3 - Dharmendra at Exhibit 18, PW4 - Hareshbhai at Exhibit 19 in its proper perspective and thereby committed an error in acquitting the respondent. Further, it is submitted that the learned Judge has committed an error in giving undue advantage of self defence to the respondent herein on the ground that the deceased had caused injuries on many persons and hence, the respondent had fired on the deceased. There were many remedies available with the respondent, like calling extra police force. 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.