STATE OF GUJARAT Vs. LAXMANJI BHIKHAJI THAKORE

JUDGEMENT

(1.) The present appeal is directed against the judgement and order dtd. 27/6/1997 passed by the learned Additional Sessions Judge, Ahmedabad City in Sessions Case No.269 of 1993 acquitting the accused for the offence punishable under Ss. 302, 120B read with Sec. 34 of the Indian Penal Code, 1860 (IPC) and Sec. 135(1) of the Bombay Police Act (B.P.Act).

(2.) The present appeal is only confined to the original accused No.1-Laxmanji Bhikhaji Thakore as the another accused has passed away.

(3.) Learned APP Mr.Soni has submitted that the acquittal recorded by the trial Court is required to be reversed as the trial Court has miserably failed in appreciating the Dying Declaration. He has submitted that the F.I.R. has been registered by the deceased himself, wherein he has referred to the involvement of the present accused in the offence. In support of his submissions, he has referred to the complaint dtd. 23/11/1992 below Exh.32. The reference is also made to the deposition of the another witness PW-02- Harshadbhai Mayashankar examined below Exh.14, who is nephew of the deceased and it is submitted that the deceased had informed him about the incident, which has occurred, naming the present accused in the offence. It is submitted that the trial Court has failed in appreciating his testimoney. Reference is also made to the evidence of PW-10-Mafabhai Mehulbhai Desai below Exh.24, who has also confirmed that the present accused had assaulted the deceased brutally by inflicting knife blows on him, which ultimately, resulted into his death. Thus, it is submitted that there is ample evidence on record in the form of Dying Declarations, which can establish complicity of the accused No.1 in the offence.