STATE OF GUJARAT Vs. PRAJAPATI BHIKHABHAI M

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 12.10.1994 passed by the Sessions Judge, Banaskantha at Palanpur in Sessions Case No. 82 of 1993 whereby the accused has been acquitted of the charges leveled against him.

(2.) The brief facts of the prosecution case are that the accused and one Khemiben Ranchhodbhai were in an illicit relation which was known to the deceased. It is the case of the prosecution that the deceased used to blackmail the accused and therefore the accused decided to do away with the deceased. It is the case of the prosecution that the deceased was told by the accused that there was some wealth hidden in the field of one Lakhubhai Punabhai and therefore the deceased informed his wife and went in search of the wealth. The deceased did not return and thereafter his dead body was fished out from the well of Punabhai Umarbhai. A complaint was therefor lodged against the accused. Pursuant to the complaint, investigation was carried out. After investigation, charge-sheet was filed and as the case was triable by the Court of Sessions, it was committed to the Court of Sessions.

(3.) Ms. Shah, learned APP appearing for the appellant-State has submitted that the trial court committed an error in releasing the respondent-accused. It was contended by Ms. Shah, that the judgement and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondent. Learned APP has also taken this court through the oral as well as the entire documentary evidence.