STATE OF GUJARAT Vs. JAGDISHBHAI HIRABHAI DALIT

JUDGEMENT

(1.) THE present appeal, under section 378 (1) (3) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 23. 05. 2008 passed by the learned Presiding Officer, Fast Track Court No. 5, Morbi in Sessions Case No. 44 of 2007, whereby the respondent - accused has been acquitted from the charges leveled against him.

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

(3.) HEARD learned APP Mr. Kodekar on behalf of appellant - State He has also taken us through the papers of R and P. It was contended by learned APP that the judgment and order of the learned trial Judge is against the provisions of law; the learned Judge 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 ingredients of the commission of offence by leading evidence against the present respondent - accused. Learned APP has also taken this court through the oral as well as the entire documentary evidence. Learned APP has contended that witness Narsihibhai Bhanjibhai, P. W. 8 Ex. 20 has deposed that he saw the deceased and the respondent - accused at Morbi Road at about 6. 00 O'clock when he was returning back to his home. He has also contended that the respondent - accused has made extra judicial confesson before the witnesses, viz. Kantilal Muljibhai, Balvantbhai Gandubhai and Kishorbhai Muljibhai, but the learned Judge has erroneously discarded their evidence. He, therefore, contended that the Judgment of learned Judge is erroneous and bad in eye of law.