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CR.MA/13026/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13026 of 2009
In
CRIMINAL
APPEAL No. 2249 of 2009
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
GNANAGAR
@ DINESHGAR HIRAGAR @ BHIKHAGAR GOSWAMI & 1 - Respondent(s)
=========================================================
Appearance
:
MR
KP RAVAL Ld. APP for Applicant(s) : 1,
None for Respondent(s) : 1
- 2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 28/04/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
1. The
present application for leave to prefer appeal is directed against
the judgment and order dated 13.8.2009 passed by the learned Addl.
Sessions Judge in Sessions Case No. 14/2008, whereby, the accused
have been acquitted for the offence under sec. 302, 120-B and 34 of
IPC read with sec. 135 of the Bombay Police Act.
2. We
have gone through the judgment and the reasons recorded by the
learned Addl. Sessions Judge. We have also considered the record and
proceedings and heard the learned Learned APP for the State.
3. It
appears to us that as per the evidence on record, all witnesses
including all panchas have turned to be hostile. Except the evidence
of I.O., and the FSL report, there is no evidence available which may
support the case of the prosecution. It is true that in the
discovery panchnama, the discovery of knife which was found with the
blood stain and though panchas have turned hostile, but the panchnama
was exhibited in the deposition of I.O. Even if it is considered and
compared with the FSL report and serology report, it appears that the
blood group of deceased was B and on the knife, which is
discovered, the blood group found was of A , therefore, the FSL
report is not supporting the case of the prosecution that the same
knife is used for the alleged offence by the accused. Under the
circumstances, if the learned Sessions Judge has found that the
prosecution has not been able to prove the case beyond reasonable
doubt, the same cannot be said to be erroneous.
4. Hence,
leave does not deserves to be granted and, therefore, not granted.
Application stands disposed of accordingly.
(JAYANT
PATEL, J.)
(Z.
K. SAIYED, J.)
mandora/
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