STATE OF GUJARAT Vs. MUNNA @ MUSTAQ G SHAIKH

JUDGEMENT

(1.) THE appellant State of Gujarat has presented this appeal under Section 378 of the Code of Criminal Procedure, 1973 assailing the order of acquittal dated 19.09.1992 passed in Sessions Case No.108 of 1991 by Additional City Sessions Judge, Valsad acquitting the respondent accused for charge of offence punishable under Section 302 of IPC.

(2.) HEARD the learned Additional Public Prosecutor, Shri SP Hasurkar for the appellant -State, who has taken us through the evidence of Yusufbhai and contended that the extra judicial confession ought to have been believed by the learned Sessions Judge and the respondent original accused ought not to have been acquitted.

(3.) WE have gone through the record and proceedings. We have also considered the deposition of Yusufbhai who was examined as PW No.7. We have also considered the deposition of Ayeshaben who was examined as PW No.2. Ayeshaben has not supported the case of the prosecution and therefore she was declared as hostile witness. The main thrust of the prosecution case was that it was before Ayesha that the extra judicial confession was made. Ayeshaben is alleged to have informed PW 4, Yusufbhai about the facts. We have to consider as to what will be the importance of the evidence of this witness, PW 4 Yusufbhai. His informer was Ayesha. She has not supported the prosecution case. In this hard ground what ever information PW 4 alleges that he received loses significance. That according to the informer was never given.