LAWS(GJH)-2009-9-335

STATE OF GUJARAT Vs. ABHRU BAHCU

Decided On September 14, 2009
STATE OF GUJARAT Appellant
V/S
ABHRU BAHCU Respondents

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 20/8/1988 passed by the learned Additional Sessions Judge, Panchmahals at Godhra in Sessions Case No. 9 of 1987 whereby the accused were acquitted of the charges leveled against them.

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

(3.) MR. R. C. Kodekar learned APP contended 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 respondents. Learned APP has also taken this Court through the oral as well as the entire documentary evidence. He submitted that the prosecution witness had clearly deposed in his deposition that the respondents accused were found committing offence punishable under Section-302 read with Section-34 and Section-336 of the Indian Penal Code.