STATE OF GUJARAT Vs. JITUBHAI POONAMBHAI PARMAR

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 31.05.2005 passed by the Additional Sessions Judge, Rajkot in Sessions Case No. 33 of 2005 whereby the accused has been acquitted of the charges leveled against him.

(2.) The brief facts of the prosecution case are that the respondent suspected the deceased of having illicit relation with his wife. On the day of incident, the deceased was on his way to work when the accused attacked him with an iron weapon (trikam) thereby killing him. 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.