STATE OF MAH Vs. RAJESH GANGACHARAN TRIVEDI

JUDGEMENT

(1.) Heard.

(2.) This is an appeal by the State Government under Section 378 of the Code of Criminal Procedure, challenging the judgment passed by the learned Sessions Judge in Sessions Trial No.136 of 2010 on 15 th November 2017 acquitting all the five accused of the charge of committing offence punishable under Sections 302 , 427 , 504 read with Sections 143 and 149 of the Indian Penal Code.

(3.) The case of the prosecution is based mainly on the evidence of P.W. No.5-Mohd.Irfan, alleged to be the eye- witness of the incident. Undoubtedly, P.W.-5 Mohd. Irfan was a chance witness. The learned Sessions Judge has examined the evidence on record and the evidence of P.W.5- Mohd. Irfan is scrutinized vide paragraph No.17 of the impugned judgment, which reads as follows: