AI Structured Summary
Not yet generated for this judgment
Judgment
Umesh A. Trivedi, J
Heard Ms. Jirga Jhaveri, learned Additional Public Prosecutor, for the applicant – State.
According to her submission, the first information given by the deceased himself recorded by the Police Officer, who is examined at Exh.60 had produced the First Information Report and it is duly deposed to by him that it was recorded in the hospital. Drawing attention of the Court to paragraph 30 of the judgment, it is submitted that when the First Information Report was recorded by the witness, he was in full consciousness. The contents of the FIR, as submitted by the learned Additional Public Prosecutor, can be treated as dying declaration recorded by the PSI, Manubhai Jeevanbhai, who is examined at Exh.60. The narration in the FIR is supported by the medical evidence also, and therefore, learned Additional Public Prosecutor, submitted that discarding material evidence in the form of dying declaration recorded by the PSI, which was given by the deceased himself as a First Information Report, the learned Judge has committed a grave error in acquitting the accused giving undue importance to other witnesses, who have turned hostile. Hence, leave granted.
With this, the present application stands disposed of.
ORDER IN R/CRIMINAL APPEAL NO. 769 of 2023
In view of leave granted today, Appeal is ADMITTED. Bailable warrant in the sum of Rs.10,000/- be issued against the respondent – accused.