STATE OF GUJARAT Vs. LAXMAN @ LAKHU RAMBHAI DASA

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 06.09.2005 passed by the learned Additional Sessions Judge, Fast Track Court No. 4, Jamnagar in Sessions Case No. 28 of 2005, whereby the respondents - accused have 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 the complainant Bharatsinh Babusinh Solanki (Exh.17) and witness No. 2 Sanjay Lalshanker (Exh.19) both have identified the accused during identification parade. He contended that each of the witnesses have independently identified the accused; he also contended that the record of identification being carried out before the Executive Magistrate clearly established the identity of the accused - respondents. He, therefore, contended that the Judgment of learned Judge is erroneous and bad in eye of law.