STATE OF GUJARAT Vs. SULEMAN RASULBHAI

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 20. 3. 1990 passed by the learned Addl. Sessions Judge, Ahmedabad (Rural) in Sessions Case No. 70/1988, whereby the accused have been acquitted of the charges under sec. 302 read with sec. 34 and 323 of IPC, leveled against them.

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

(3.) IT was contended by learned APP that the judgment 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 respondent. Learned APP has also taken this court through the oral as well as the entire documentary evidence.