THE STATE OF GUJARAT Vs. MANSUKH AMBABHAI BODA

JUDGEMENT

(1.) Aggrieved and dissatisfied by the judgment and order of acquittal of the respondents herein by the learned Additional Sessions Judge, Fast Track Court, Morbi in Sessions Case No. 53 of 2003 passed on 26th October 2005, the State of Gujarat has preferred this Appeal under Section 378 [1](3) of the Code of Criminal Procedure, 1973. Brief facts necessary for the purpose of adjudication of the case are succinctly drawn hereunder :

(2.) Heard learned APP Ms. Moxa Thakker for the appellant -State and Mr. Divyesh Sejpal, learned advocate for the respondents.

(3.) It is submitted by learned APP that the impugned judgment and order dated 26th October 2005 passed by the learned Addl. Sessions Judge, Morbi in Sessions Case No. 53 of 2003 is contrary to law, against evidence produced by the prosecution, and therefore, the same requires to be quashed and set -aside. That, the learned Judge has failed to appreciate that the complainant being an injured witness, there was no earthly reason to disbelieve his evidence by the Court. That, he had suffered injury on his head which was sufficient in ordinary course of nature to cause death as per the opinion of the Doctor, who treated him. That, there was ample evidence against the accused which was corroborated by medical evidence.