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CR.MA/13236/2009 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 13236 of 2009
In
CRIMINAL
APPEAL No. 2355 of 2009
=========================================================
STATE
OF GUJARAT - Applicant(s)
Versus
SADIYABHAI
MADIYABHAI MEDA - Respondent(s)
=========================================================
Appearance
:
MR
LB DABHI, LD. ADDL. PUBLIC PROSECUTOR
for
Applicant(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 30/04/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present application for leave to prefer appeal is directed against
the judgment and order dated 30th July 2009 passed by the
learned Sessions Judge in Sessions Case No.148 of 2008, whereby the
accused has been acquitted for the offences under Section 307, 114
read with Section 135 of the Bombay Police Act.
We
have considered the judgment and reasons recorded by the learned
Special Judge. We have considered Record and Proceedings. We have
heard Mr.L.B. Dabhi, learned Additional Public Prosecutor.
It
appears to us that as per the evidence on record, nobody has been
injured on account of alleged incident. Panchas have not supported
the case of the prosecution. At the seen of offence no marks are
found. There is no recovery of the weapon.
Under
these circumstances, if the learned Sessions Judge has found that
prosecution has not been able to prove the case beyond reasonable
doubt, the same cannot be said to be erroneous. Hence, leave does
not deserve to be granted and, therefore, not granted. The
application is disposed of accordingly.
(Jayant
Patel, J) (Z. K. Saiyed, J)
Anup
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