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CR.MA/771720/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 7717 of 2008
In
CRIMINAL
APPEAL No. 1759 of 2008
=========================================
STATE
OF GUJARAT
Versus
JAMAN
UKABHAI PARMAR
=========================================
Appearance :
MR
PD BHATE, ADDITIONAL PUBLIC PROSECUTOR for the
Applicant
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 16/09/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
Heard learned
Additional Public Prosecutor Mr.Bhate.
The present
application is filed by the State of Gujarat seeking leave to appeal
against judgment and order dated 05.03.2008 passed by the learned
Additional Sessions Judge, Fast Track Court No.1, Khambhaliya in
Sessions Case No.120 of 2007.
The case of the
prosecution is that the accused Jaman Ukabhai Parmar had driven his
truck with an intention to commit murder of the deceased Jayantibhai
who was his real brother. The complainant Ukabhai Parmar is the
father of the deceased and the accused. Unfortunately, the
complainant himself and other relatives of the deceased and the
accused have turned hostile and thus, the prosecution has failed to
prove its case and therefore, the learned Judge had no other
alternative then to record acquittal in the case.
Learned Additional
Public Prosecutor Mr.Bhate is not able to make out any case for
interference with the acquittal order passed by the learned
Additional Sessions Judge, Fast Track Court No.1, Khambhaliya in
Sessions Case No.120 of 2007. Hence, this application fails and the
same is rejected.
(Ravi
R.Tripathi, J.)
(K.M.Thaker,
J.)
*Shitole
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