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CR.MA/5899/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 5899 of 2010
In
CRIMINAL
APPEAL No. 905 of 2010
With
CRIMINAL
APPEAL No. 905 of 2010
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
KANUBHAI
DAHYABHAI HARIJAN & 2 - Respondent(s)
=========================================================
Appearance
:
PUBLIC
PROSECUTOR for
Applicant(s) : 1,
None for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE VIJAY MANOHAR SAHAI
Date
: 09/12/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
1. This
is an application for leave to appeal to challenge the judgment and
order rendered by the Sessions Court, Anand in Sessions Case No.63 of
2009 on 29.1.2010 acquitting the respondents of the charge punishable
under Sections 498-A and 307 of IPC.
2. It
transpires from the judgment that there are two different
inconsistent histories given by the victim to two Doctors. It also
appears that sweater with which the deceased was sought to be sat on
fire is claimed to have been recovered and seized by the police as
per the evidence of the panch witness. However, no such sweater is
produced before the Court as muddamal. It also appears that fire
wood used for cooking was found to be carrying piece of burnt clothes
possibly that of the injured victim and, therefore, possibilities of
accident once are not ruled out. Under the circumstances, we are of
the view that the trial Court was justified in recording acquittal.
Hence, leave is refused. The appeal is dismissed as a consequence.
(A.L.Dave,J)
(V.M.Sahai,J)
pathan
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