STATE OF GUJARAT Vs. MAHEMUDKHAN HABIBKHAN PATHAN

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order of acquittal dated 09. 06. 1989 passed by the Additional Sessions Judge, Jamnagar in Sessions Case No. 57 of 1988, whereby the accused has been acquitted of the charges leveled against him under section 302 of Indian Penal Code.

(2.) THE brief facts of the prosecution case are as under:

(3.) IT was contended by Ms. Shah, learned APP that the judgement and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondent. Learned APP has also taken this court through the oral as well as the entire documentary evidence. 3. 1 Mr. Y. M Thakore, learned advocate appearing for the respondent has submitted that the trial court has gone through the evidence in detail and has rightly acquitted the respondent-accused. Learned advocate has submitted that the judgement and order of the trial court is just and proper and does not call for interference by this court.