STATE OF GUJARAT Vs. RATANSHIBHAI BATUKBHAI RATHOD

JUDGEMENT

(1.) By way of this Appeal, the Appellant - State has felt aggrieved by the judgment and order of acquittal dtd. 25/7/1996 passed by the learned Sessions Judge, Bhavnagar in Sessions Case No. 74/1996 whereby the respondent was acquitted for the offence punishable under Sec. 302 of the Indian Penal Code.

(2.) The case of the prosecution is as under:-

(3.) Learned Additional Public Prosecutor Ms. C.M. Shah for the appellant - State has taken this Court to the medical evidence and has submitted that the learned Judge ought to have believed the version of the deceased wherein he had stated that the accused had inflicted stone blows and therefore, he was having chest pains. It is further submitted that learned Judge ought to have appreciated that the offence was a serious one and because of such an act of the accused, the deceased expired. It is further submitted that the prosecution has successfully proved its case beyond reasonable doubt considering the post mortem report and the injuries received by the deceased. Considering the above, it is submitted that this is a fit case which requires interference of this Court and the judgment and order of the learned Judge qua the acquittal of the respondent should be upturned by this Court.