STATE OF GUJARAT Vs. RAKESH @ PINTU AMBALAL PATEL

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 29.03.2008 passed by the Additional Sessions Judge, Anand in Sessions Case No. 137 of 2007 whereby the accused has been acquitted of the charges leveled against him.

(2.) The brief facts of the prosecution case are that the deceased who was married to the respondent used to be frequently beaten by the respondent as he suspected her character. It is the case of the prosecution that on the day of incident, the respondent had beaten the victim with a hard and blunt substance such as a rolling pin (velan) and she succumbed to the injuries sustained thereby. A complaint was therefore lodged by the complainant. Pursuant to the complaint, investigation was carried out. After investigation, charge-sheet was filed and as the case was triable by the Court of Sessions, it was committed to the Court of Sessions.

(3.) Ms. Shah, learned APP appearing for the appellant-State has submitted that the trial court committed an error in releasing the respondent-accused. It was contended by Ms. Shah, that the judgement and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondent. Learned APP has also taken this court through the oral as well as the entire documentary evidence.