“The note, therefore, in our opinion, is not admissible in evidence and, thus, cannot be considered as such to enable exercise of power under Section 319 of the Code of Criminal Procedure,” the bench said.
“In the case in hand, except apprehension, there is nothing in the note. No circumstance of any transaction resulting in the death of the deceased is found in the note,” the bench said while rejecting the contention of the victim's family.
It further said nothing has come during the course of trial regarding the content of the conversation and from call records alone to show the MLA's complicity in the crime.
“From what we have observed, it is evident that no evidence at all has come during the trial which shows even a prima facie complicity of the appellant in the crime.
“In that view of the matter, the order passed by the trial court summoning the appellant (MLA), as affirmed by the High Court, cannot be allowed to stand,” the bench said and also noted that “it is an admitted position that all those who were put on trial have now been acquitted by the trial court”.
In October last year, a trial court in Rajkot had acquitted ten other accused in the case for want of evidence.
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