STATE OF GUJARAT Vs. MAMTABEN PRABHUBHAI KHANGARRAM BHIL

JUDGEMENT

(1.) The present appeal is preferred by the State under Sec. -378(3) of the Code of Criminal Procedure, 1973 against against the judgment and order of acquittal dtd. 25/8/2023 passed by the Sessions Judge, Surendranagar in Session case No.42 of 2022. By the impugned judgment and order, the Sessions Court acquitted the respondent-accused for offence under Sec. 302, 307, 324 of Indian Penal Code and Sec. 135 of Gujarat Police Act.

(2.) The case pertains to an incident that occurred on 20/3/2022, wherein the deceased, Prabhubhai, was found unconscious and bleeding near his house in the morning. The complainant, Devisinh Amarsinh Ravat, was informed about the incident by PW-10 Bhurabhai Merabhai Algotar and subsequently rushed to the scene along with his son and sonin-law. Later, they discovered that the deceased had been shifted to Rajkot Government Hospital, where he succumbed to his injuries caused by multiple axe blows. The investigation revealed that the accused had inflicted fatal axe blows on the head and neck of the deceased while he was sleeping during the night, leading to his death. The incident led to the registration of an FIR being C.R. No.I-11211050220068/2022 with Thangadh Police Station for offences punishable under Secs. 302, 307, 324 of the Indian Penal Code and Sec. 135 of the Gujarat Police Act.

(3.) The Learned APP submitted that the impugned judgment and order dtd. 25/8/2023 passed in Sessions Case No. 42/2022 by the learned Sessions Judge, Surendranagar, acquitting the respondent-accused, is erroneous and warrants intervention. The prosecution has sufficiently established the guilt of the respondent-accused beyond a reasonable doubt through oral and documentary evidence, which has been improperly apprehended by the learned Sessions Judge.