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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CHEEKATI MANAVENDRANATH ROY, D. M. VYAS
State Of Gujarat – Appellant
Versus
Dineshbhai Kadavabhai Khasarya – Respondent
| Table of Content |
|---|
| 1. prosecution's failure to establish a reliable case. (Para 2) |
| 2. key eyewitness testimonies are inconsistent. (Para 4 , 5) |
JUDGMENT :
1. Challenge in this appeal is to the judgment dated 22.06.2011 passed in Sessions Case No. 182 of 2007 on the file of the learned Additional Sessions Judge, Dahod, whereby, the respondents herein were acquitted of the charges for the offences punishable under Sections 395 , 397, 504, 506 and 427 of the Indian Penal Code, 1860 ( IPC ).
2.1 The offence took place on 16.04.2007 as per the prosecution version. Prior to the said date of offence, an accident took place when PW-2 was driving a vehicle and in the said accident, father of accused No. 2 (A2) and another person were injured. So, A2, bore grudge against PW-2 as his father sustained injuries in the accident that occurred due to the negligent driving of PW-2.
2.3 Thereafter, PW-6 and PW-7 took PW-2 to the hospital. On the intimation given by the hospital staff, police visited the hospital. PW-6 has lodged a report with the police and it was registered as a case against the accused for the aforesaid offences. The case was investigated. Thereafter, the statement of the injured PW-2 was
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