STATE OF GUJARAT Vs. NARESH SEVARAM SINDHI

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 25.10.1993 passed by the Additional Sessions Judge, Ahmedabad City in Sessions Case No. 56 of 1991 whereby the accused have been acquitted of the charges levelled against them.

(2.) The brief facts of the prosecution case are that on 24.05.1990, at around 10.00 pm accused no. 1 inflicted razor and knife blow on the complainant and his father P.W. 7 - Dr. Somnath Verma. 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, Ahmedabad. 2.1 The trial Court framed charge against the accused. The accused pleaded not guilty to the charge and claimed to be tried. Therefore, the prosecution produced oral as well as documentary evidence. To prove the case against the accused, the prosecution has examined the following witnesses:

(3.) Mr. Pujari, learned APP appearing for the appellant-State has submitted that the trial court committed an error in releasing the respondents - accused. It was contended by Mr. Pujari, 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. He has drawn the attention of this Court to the medical evidence and the other oral as well as documentary evidence and submitted that the prosecution has proved the case against the accused beyond reasonable doubt.