STATE OF GUJARAT Vs. KATHI SHANTUBHAI MOKABHAI

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 19. 09. 1987 passed by the learned Additional Sessions Judge, Surendranagar in Sessions Case No. 13 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.) MRS. Manisha Luvkumar Shah, learned APP contended that the judgement and order of the learned Additional Sessions Judge is against the provisions of law; the learned Additional Sessions 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 whole ingredients of the evidence against the present respondents. 3. 1 Learned APP has also taken this court through the oral as well as the entire documentary evidence. She submitted that Dr. Jayantilal Gordhandas who was examined at Exh. 12 supported the case of the prosecution as narrated by the complainant. He stated that the death of deceased Ranabhai was unnatural and it caused due to head injury before the death. Learned APP therefore submitted that there was no reason for the learned Judge to disbelieve the prosecution case and to acquit the respondents. 3. 2 Learned advocate appearing for the respondents-accused that judgment and order passed by the learned trial Court is just and proper. Therefore, the present appeal deserves to be dismissed.