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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 :
CHEEKATI MANAVENDRANATH ROY, J.
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. Facts of the prosecution case in a nutshell may be stated as follow:
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.
2.2 So, it is stated, that on 16.04.2007 at about 9:00 a.m. in the morning when PW-2 and PW-6, who is his uncle, were coming in a Jeep, while PW-2 was driving the Jeep and PW-6 was sitting on the backside of the Jeep and when th
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