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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
ILESH J. VORA, R. T. VACHHANI
State Of Gujarat – Appellant
Versus
Bhagvan Murli Bharad – Respondent
| Table of Content |
|---|
| 1. appeal against acquittal of the respondent. (Para 1 , 2) |
| 2. summary of the prosecution's case and evidence presented. (Para 4 , 8) |
| 3. critique of the trial court's findings based on witness credibility. (Para 9 , 16) |
| 4. arguments against the acquittal decision. (Para 11 , 12) |
| 5. criteria for appellate interference in acquittals. (Para 13 , 14) |
| 6. final judgment and order dismissing the appeal. (Para 15 , 17) |
JUDGMENT :
ILESH J. VORA, J.
1. Here is the Appeal by the State against the judgment and order of acquittal.
2. Being dissatisfied by the judgment and order passed by the learned Sessions Judge, Surat, in Sessions Case No.313 of 1999 dated 30.12.2000, acquitting the respondent from the offence under Sections 302 and 365 of the Indian Penal Code, the State has preferred instant appeal under Section 378 of the Cr.P.C.
3. This Court has heard Mr.Ronak Raval, learned Additional Public Prosecutor. Though served, none appears for and on behalf of the respondent-accused.
4. Brief facts giving rise to file the present Appeal are that, the respondent-accused, Bhagvan Murli, was tried and prosecuted for the offence of kidnapping and murder. According to prosecution case, on 13.5.
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