STATE OF GUJARAT Vs. MANSUKHBHAI MADHABHAI GOHEL

JUDGEMENT

(1.) By way of this Appeal, the Appellant - State has felt aggrieved by the judgment and order of acquittal dated 30.09.1995 passed by the learned Additional Sessions Judge, Nadiad in Sessions Case No. 261/1994 whereby the respondent was acquitted for the offences 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 evidence led by the Medical Officer Dr. Ashokkumar Jain and has submitted that the presence of the accused is proved in the commission of the crime. She has further submitted that the injuries were inflicted on a vital part of the body and therefore, this amounts to culpable homicide leading to murder. Learned Additional Public Prosecutor Ms. C.M. Shah has also taken this Court to the injuries as noted especially at Column No. 17 and the cause of death as certified by the Medical Hospital, S.S. Hospital, Petlad. It is further submitted that learned Judge has erred in discarding the evidence of the complainant who is the father of the deceased and brother of the accused, though he has later turned hostile. It is further submitted that it surfaces on record that the deceased was with his wife who had seen the accused inflicting a knife blow upon the deceased. It is also submitted that the prosecution has successfully proved its case beyond reasonable doubt. 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 respondents should be upturned by this Court.