STATE OF GUJARAT Vs. HARDEVBHAI CHANDUBHAI VINZUDA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 17/8/2001 passed by the learned Sessions Judge, Bhavnagar in Sessions Case No. 217/2000 for the offences punishable under Ss. 302 read with 34 of the Indian Penal Code and Sec. 135 of the Bombay Police Act, the appellant - State has preferred the present Criminal Appeal No. 880 of 2001 under Sec. 378 of the Code of Criminal Procedure, 1973 ("the Code" for short). The victim's father, Bharatbhai Ranabhai Makwana, feeling aggrieved and dissatisfied with the same judgment and order of acquittal, has preferred the present Criminal Revision Application no. 550 of 2001.

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

(3.) On conclusion of evidence, the Sessions Court put various incriminating circumstances to the respondents-accused under Sec. 313 of the Code. The respondents-accused denied all allegations and claimed to be innocent. After hearing both sides and appreciating the oral and documentary evidence, the learned Sessions Judge acquitted all the accused persons by giving them the benefit of doubt, mainly on the ground that the sole eye-witness Bharatbhai Rukhadbhai Dabhi was unreliable, there were material contradictions and unnatural conduct, no independent witnesses were examined despite the incident occurring in a crowded public place in broad daylight, the discovery and recovery of weapons was doubtful and not in strict compliance with Sec. 27 of the Evidence Act, and the prosecution failed to establish the chain of circumstances beyond reasonable doubt linking the accused with the crime.