STATE OF GUJARAT Vs. ARAVINDBHAI BHAILALBHAI KHANT

JUDGEMENT

(1.) This appeal has been filed by the appellant under Section 378(1)(3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal of the respondents-accused, passed by the learned Additional District and Sessions Judge, Anand, in Sessions Case No.45/2009 on 28.02.2011.

(2.) The brief facts of the prosecution case are that:

(3.) Being aggrieved and dis-satisfied by the order of acquittal, the State has preferred this appeal, inter-alia, contending that there is clear cut evidence of the Doctor, that the deceased has died homicidal death and the witnesses have clearly supported the case of the prosecution. It is also contended that the witnesses Jitendrabhai Bachubhai Gohel at Exh.83, Dhanjibhai Thakarsibhai Vadaliya at Exh.85, Dinesh Chunilal Parmar at Exh.87 and Chandrakant Vitthaldas Gajjar - Exh.93 have clearly supported the case of the prosecution and yet the trial Court has not properly appreciated it in its true perspective. It is also contended that though the case is based on the circumstantial evidence, the prosecution has been able to establish the entire chain of circumstances regarding the cause of crime and commission of offence by the accused and there is no missing of any link in the chain. On all these grounds, it is prayed to allow the appeal and convict the accused-respondents.