STATE OF GUJARAT Vs. MOHMADJAVAD ABDULHAMID

JUDGEMENT

(1.) THE present appeals, under section 378 of the Code of Criminal Procedure, 1973, are directed against the judgement and order dated 30. 03. 1990 passed by the learned Additional City Sessions Judge, Court No. 10, Ahmedabad in Sessions Case Nos. 311 and 312 of 1989 whereby the accused were acquitted of the charges leveled against them.

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

(3.) MRS. Manisha Lavkumar Shah, learned APP contended that the judgement and order of the learned Additional City 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. She submitted that evidence of Akhtarjan Mohamadkhan w/o Saiyed Faridkhan Saiyed gets corroboration from the FIR which was filed immediately after the incident. She knew the accused No. 1 and she identified the accused No. 2 and 3. Learned APP further submitted that there was no reason for the learned Judge to disbelieve the prosecution case and to acquit the respondents.