STATE OF GUJARAT Vs. CHHOTUBHAI POCHABHAI KOLI PATEL

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 05. 07. 1990 passed by the learned Additional Sessions Judge, Navsari, District: Valsad in Sessions Case No. 7 of 1986 whereby the accused were acquitted of the charges leveled against them.

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

(3.) MR. RC Kodekar, learned APP contended that the judgement and order of the learned Additional Sessions Judge, 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 respondents. Learned APP has also taken this court through the oral as well as the entire documentary evidence. He submitted that prosecution witness Parvatiben Exh. 27 is eye witness to the incident and is the wife of the injured. She has deposed in her deposition about the incident. P. W. 6- Nathubhai Thakorbhai Patel at Exh. 17 is himself an injured persons. There is also evidence of the sister P. W. 7 Kailashben Thakorbhai of the injured at Exh. 31, evidence of P. W. 24- Shakkuben Dhirubhai at Exh. 34. Thus there are four eye witnesses to the incident. Learned APP further submitted that there was no reason for the learned Judge to disbelieve the prosecution case and to acquit the respondents.