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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
MAULIK J.SHELAT, P.M.RAVAL
State Of Gujarat – Appellant
Versus
Kathi Visubhai Najbhai – Respondent
| Table of Content |
|---|
| 1. summary of the factual background of the case. (Para 1 , 2 , 3) |
| 2. trial court's findings on evidence. (Para 4) |
| 3. hearing and re-appreciation of evidence. (Para 5) |
| 4. arguments presented by the prosecution. (Para 6 , 8) |
| 5. court's analysis of prosecution evidence shortcomings. (Para 9 , 10) |
| 6. legal standards regarding appeals against acquittal. (Para 11) |
| 7. conclusion and confirmation of the trial court's order. (Para 13 , 14) |
JUDGMENT :
MAULIK J.SHELAT, J.
1. The present appeal has been filed by the State under Section 378 of the Code of Criminal Procedure, 1973, challenging the judgment and order dated 16.10.1998 passed by the learned Additional Sessions Judge, Surendranagar (hereinafter referred to as“the Trial Court”) in Sessions Case No.48 of 1997, whereby the Trial Court acquitted the respondents of the charges levelled against them under Sections 302 and 34 of the Indian Penal Code (hereinafter referred to as “IPC”) read with Section 135 of the Bombay Police Act.
2. At the outset, it requires to be noted that out of the three respondents – accused, this Court vide its order dated 15.07.1999 granted leave insofar as respondent No.1 - original accused No.1 – Kathi
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