STATE OF GUJARAT Vs. THAKARDA VIRAMJI GOLBAJI

JUDGEMENT

(1.) The present appeal is directed against the order of acquittal recorded by the learned AddI. Sessions Judge, Ahmedabad (Rural) At Narol in Sessions Case No. 34/81. t was alleged against the respondent-accused that on 27-12- 1980 at village Rampura, Respondent No. 2 had inflicted a knife blow on the person of the deceased. Balaji Shivaji and at the relevant time accused No. 1 caught hold of the deceased. They were, therefore, arranged before the learned Sessions Judge for the offence punishable under section. 302, i.e. section 34 of the I.P. Code and the learned Trial Judge on appreciation of evidence came to the conclusion that there were material infirmities of the prosecution case. He, therefore, acquitted the accused. The State of Gujarat has challenged the said order of acquittal before us in this appeal.

(2.) Mr. Vaidya, the learned Public Prosecutor who argued the matter on behalf of the State was conscious of the fact that in, n appeal against the order of acquittal unless he is able to dislodge the reasons given by the learned trial Judge and establish that the conclusion reached by the learned trial Judge was so manifestly perverse that no reasonable body of persons properly instructed in law could have arrived at the same, be would not be able to convince us to interfere with the order of acquittal.

(3.) For the reasons to be now recorded, we feel that Mr. Vaidyas attempt to convince us falls for short of it and as such the appeal requires to be dismissed.