STATE OF GUJARAT Vs. MOHMMED @ BATUK KARIMBHAI MEER

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 7/4/2001 passed by the learned Additional Sessions Judge, Gondal in the Sessions Case No. 02 of 2000 arising from Gondal City Police Station pertaining to the alleged murder of Ganeshnath Mohannath, whereby both the respondents-accused were acquitted of the offences punishable under Sec. 302 read with Sec. 114 of the Indian Penal Code and Sec. 37(1) read with Sec. 135 of the Bombay Police Act, the appellant - State of Gujarat has preferred the present criminal appeal under Sec. 378 of the Code of Criminal Procedure, 1973 ("the Code" for short), seeking leave to appeal against the said acquittal and praying for setting aside the impugned judgment by convicting the respondents-accused in accordance with law.

(2.) The brief facts leading to the filing of the present appeal are as under:

(3.) On conclusion of evidence, the Sessions Court put various incriminating circumstances to the respondent-accused under Sec. 313 of the Code. The respondent-accused denied all allegations and claimed to be innocent. After hearing both sides, the learned Sessions Judge acquitted the respondent-accused.