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A criminal appeal filed by the state of gujarat against the acquittal of the accused in a case involving charges under sections 143, 147, 148 and 302 of the indian penal code and section 135(1) of the bombay police act. The appeal was filed against the judgment and order of acquittal passed by the additional city sessions judge, ahmedabad. The brief facts of the case, the prosecution's evidence, the trial court's reasoning for the acquittal, and the principles of criminal jurisprudence governing appeals against acquittal. The court ultimately upholds the trial court's decision, finding no grounds to interfere with the acquittal order.
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 518 of 1996 FOR APPROVAL AND SIGNATURE: HONOURABLE MR. JUSTICE S.H.VORA and HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN ========================================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment? 2 To be referred to the Reporter or not? 3 Whether their Lordships wish to see the fair copy of the judgment? 4 Whether this case involves a substantial question of law as to the interpretation of the Constitution of India or any order made thereunder? ========================================================== STATE OF GUJARAT Versus KISHORBHAI DEVJIBHAI PARMAR & 4 other(s) ========================================================== Appearance: MS CM SHAH, APP for the Appellant(s) No. 1 ABATED for the Opponent(s)/Respondent(s) No. 4 MR UI VYAS(1000) for the Opponent(s)/Respondent(s) No. 1,2,3, MR. KARAN U VYAS(6992) for the Opponent(s)/Respondent(s) No. 1,2,3, ========================================================== CORAM: HONOURABLE MR. JUSTICE S.H.VORA and HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN Date : 11/07/ ORAL JUDGMENT (PER : HONOURABLE MR. JUSTICE S.H.VORA) Page 1 of 8
2 Rajuben Exh. 3 Navtarbhai Exh. 4 Manubhai Exh. 5 Ramesh Laxman Exh. 6 Mahesh Babulal Exh. 7 Hansaben Exh. 8 Ratnaben Exh. 9 Hargovindbhai Exh. 10 Arvindbhai Exh. 11 Navnitlal Bhailal Exh. 12 Dr. Gaurang Govind Exh. 13 Shreemali Exh. 14 Chandansinh Chauhan Exh.
evidence is lacking to connect the respondents accused with the crime or not brought on record sufficient evidence to establish the guilt, other corroborative evidence loses its significance or needs any consideration to upset the findings and therefore, there is no need to overburden the judgment anymore or needs any discussion of such evidence.
the same cannot entirely and effectively be dislodged or demolished, the High Court should not disturb the order of acquittal."