STATE OF GUJARAT Vs. POPATBHAI NANJIBHAI ASARI

JUDGEMENT

(1.) The present appeal emanates from the judgement and order of acquittal dtd. 28/8/1997 passed by the learned Additional Sessions Judge, Sabarkantha at Himmatnagar in Sessions Case No.112 of 1996, whereby the trial Court has been pleased to acquit the accused for the offences punishable under Ss. 302 and 114 of the Indian Penal Code, 1860 (IPC) read with Sec. 135 of the Bombay Police Act, 1951 (B.P.Act).

(2.) The case of the prosecution in nutshell and as per the Charge at Exh.10 is that on 17/8/1996 at around 12 O'clock, the accused - Popatbhai Nanjibhai Asari had inflicted blow of axe on the head of the deceased, whereas another accused - Shankarbhai Makanbhai Asari had assaulted the deceased - Dashrathbhai Nanjibhai Asari by inflicting kick and fist blows, which resulted into his death instantly.

(3.) Learned APP Ms.Jhaveri has submitted that an F.I.R. was lodged before Bhiloda Police Station, Dist. Sabarkantha for the offences punishable under Ss. 302, 114 of the IPC read with Sec. 135 of the B.P.Act. She has submitted that the investigating agency, during the investigation, recorded the statements of witnesses from various panchnamas for the purpose of proving the offence. It is further contended that the trial Court has committed an error in acquitting the accused, by not appreciating the evidence produced on record, though the prosecution had proved the case against the accused. She has submitted that the trial Court has relied on minor contradiction and discarded the evidence of the witnesses. It is further submitted that the prosecution has established the guilt of both the accused and, therefore, the acquittal order may be quashed and set aside.