STATE OF GUJARAT Vs. LALABHAI AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of acquittal dated 30.5.2015 passed by the learned 3rd Additional Sessions Judge, Dahod in Sessions Case No. 81 of 2011, whereby the respondents -original accused were acquitted of the charges under Sections 302, 201 and 114 of the Indian Penal Code.

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

(3.) MR . L.R. Pujari, 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 them and contended that the trial Court ought not to have acquitted the accused persons. He submitted that the prosecution has successfully proved its case through the evidence of witnesses. He submitted that PW -5, Maniben Patel, Exh. 15 has deposed that on the fateful night accused No. 1 took his son on his motor cycle and on the next day his dead body was found. She has also identified the accused before the Court. He also submitted that PW -6 and PW -17 have also supported the case of the prosecution. He also submitted that even the prosecution witnesses have supported the case of the prosecution and there was no reason to dis -believe their versions. He, therefore, prays that this appeal may be allowed by setting aside the impugned judgment.