STATE OF GUJARAT Vs. YUNUS DAUD JOGIYAT

JUDGEMENT

(1.) The present Criminal Appeal is filed by the State of Gujarat under section 378 of Cr.P.C. against the impugned judgment and order of acquittal passed by the Ld. Addl. Sessions Judge, Bharuch on 24.12.1985 in Sessions Case No.3/1985, whereby the Ld. Trial Judge had acquitted the respondents accused from the charges of the offences punishable under sections 302, 376 and 114 of Indian Penal Code.

(2.) The State has assailed the impugned order of acquittal on various grounds stated in the memo of the appeal, but mainly the say of the appellant State is that the order of acquittal passed by Ld. Trial Judge is perverse and is based on incorrect appreciation of the oral as well as documentary evidence led during the trial. Ld. Trial Judge has committed gross error in not accepting the version of three eyewitnesses examined by the prosecution and other relevant circumstances emerging from record and evidence led by the prosecution. The Ld. Trial Judge has considered various aspects while recording the acquittal of the accused.

(3.) The Ld. APP Mr. ND Gohil appearing for the appellant State has taken us through the judgment under challenge. To appreciate the stand taken by the appellant State, it would be proper for us to narrate the facts of the case in brief;