STATE OF GUJARAT Vs. BHARWAD VELLABHAI BHALABHAI

JUDGEMENT

(1.) PRESENT appeal is filed by the State of Gujarat under Section 378 of the Code of Criminal Procedure, being aggrieved by the judgment and order dated 13.01.1992, passed by the learned Sessions Judge in Sessions Case No.39 of 1990, recording acquittal for the offences punishable under Section-302 read with Section-114 of the Indian Penal Code.

(2.) LEARNED APP, Mr. L.R. Pujari, submitted that the learned Judge committed an error in not believing the case of the prosecution and not convicting the accused of the charges levelled against them. Learned APP, Mr. Pujari, invited attention of this Court to the case of the prosecution, which is set out in Paragraph-2 of the judgment, which is reproduced hereunder for ready perusal;

(3.) THE learned APP submitted that the learned Judge ought to have appreciated that it was not in dispute that the deceased had sustained injuries, as deposed by P.W.-4, Dr. Ghanshyambhai Popatbhai Motka(Exhibit-12). The injuries sustained by the deceased are set out in Paragraph-3 of the judgment, which are as under: