STATE OF GUJARAT Vs. VITTHALBHAI PUNJABHAI VANKAR

JUDGEMENT

(1.) This appeal has been filed by the appellant - State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') against the judgment and the order dtd. 30/1/2006 in Sessions Case No.11 of 2015 (Old Sessions Case No.36 of 2014) passed by the learned 7th Additional Sessions Judge, District Vadodara at Savli (hereinafter referred to as 'the learned Trial Court'),whereby, the learned Trial Court has acquitted the respondents - accused from the offences punishable under Ss. 498-A, 306 and 114 of the Indian Penal Code (hereinafter referred to as 'the IPC'). The respondents are hereinafter referred to as 'the accused' as they stood in the rank and file in the original case, for the sake of convenience, clarity and brevity.

(2.) The relevant facts leading to filing of the present appeal are as under:

(3.) Being aggrieved and dissatisfied with the impugned judgment and order passed by the learned Trial Court, the appellant - State has filed the present appeal mainly stating that the prosecution has examined 11 witnesses and produced 24 documentary evidences on record in support the case, but the learned Trial Court has not properly appreciated the same in proper perspective. That the learned Trial Court has not appreciated the legal provisions and has committed a grave error, which has resulted into serious miscarriage of justice. Even though, the witnesses have turned hostile, the learned Trial Court ought to have exercised the powers vested under the provisions of law to find out the truth to do proper justice and hence, the impugned judgment and order deserves to be quashed and set aside. Though the act of the deceased has taken place at the residence of the accused, which has led to the death of the deceased, the accused have not explained under what circumstances and what reasons, the deceased had committed such an act. Even though, the witnesses, who have been examined, are reliable, the learned Trial Court has committed a grave error in recording the evidences, and hence, the impugned judgment and order deserves to be quashed and set aside.