STATE OF GUJARAT Vs. HABIB KASAM

JUDGEMENT

(1.) THIS appeal, under Section 378 of the Code of Criminal procedure, 1973, is directed against the judgment and order dated 18th august, 1987 passed by the learned Addl. Sessions Judge, Rajkot in sessions Case No. 15 of 1986, whereby, the respondent, original accused, has been acquitted from the charges leveled against him.

(2.) THE facts in brief, as emerging from the record, are as under;

(3.) MR. R. C. Kodekar, learned APP, has submitted that the impugned judgment and order of the Court below is against the provisions of law; the Court below has not properly considered the evidence led by the prosecution and that looking to the provisions of law itself, it is established that the prosecution has proved the ingredients of the offence beyond doubt. 3. 1 Learned APP has contented that from the oral evidence of pw - 10 Aminaben Natubha at Exhibit - 25, who is the wife of the deceased and PW - 4 Musabhai Sidibhai at Exhibit - 11, the guilt of the respondent is established beyond doubt. The Court below has failed to appreciate the evidence on record in its true perspective and has, thereby, committed serious error in acquitting the respondent from the alleged offence. Hence, the impugned judgment passed by the Court below deserves to be quashed and set aside.