STATE OF GUJARAT Vs. ARUN GURUNATH DENGI

JUDGEMENT

(1.) This appeal is preferred by the State of Gujarat under Section 378(1)(3) of the Code of Criminal Procedure, 1973 [for short, "Code 1973"] seeking to challenge the judgment and order dated 28.12.2015 passed by the learned Presiding Officer, 8th Fast Track Court, Surat, in Sessions Case No.65 of 2001, whereby the respondents herein have been acquitted of the charges framed against them for the offences punishable under Sections 302, 394, 397, 34 read with Section 120(B) of the Indian Penal Code [for short, "IPC'].

(2.) Brief facts which led to filing of this appeal are as under:

(3.) Mr. Rutvij Oza, learned APP submits that the learned Judge erred in not believing the documentary as well as oral evidence led by the prosecution and acquitted the accused persons. It is further submitted that the accused entered the house of the deceased with the criminal intention and the prosecution witnesses Alka and Jitu are brothers and sisters and their parents are killed, gold and silver ornaments were missing worth 4,17,688/- and their evidence fully corroborated with the case of the prosecution. It is further submitted that the evidence of the complainant Sureshbhai Kothari corroborated with the prosecution.