STATE OF GUJARAT Vs. HIRABHAI MANJIBHAI

JUDGEMENT

(1.) THE present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 11.08.1995 passed by the learned Judicial Magistrate, First Class, Viramgam, in Criminal Case No. 1074 of 1989, whereby the respondents - accused have been acquitted of the charges leveled against them.

(2.) THE brief facts of the prosecution case are that on 4.6.1989 at 20.15 hours the accused - respondents attacked on the complainant. It is alleged that accused No. 2 gave stick blow to the complainant and caused injury on the right side eye and other accused have also caused injury to the complainant and also gave abuses to the complainant. Thereby, all the accused with the help of each others attacked on the complainant and caused injuries and abuse him. Therefore, the complainant has filed complaint against the accused for the offences punishable under Sections 324, 323, 504, 114 of I.P. Code.

(3.) THEREAFTER , necessary investigation was carried out and statements of witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, charge -sheet was filed against him before the court and thereafter the trial was initiated against the respondent.