STATE OF GUJARAT Vs. TRIBHOVAN BAKORBHAI VASAVA

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 04.11.1993 passed by the learned JMFC, Kalavad, in Criminal Case No. 542 of 1992, whereby the learned Magistrate has acquitted the respondents accused from the charges levelled against them.

(2.) The brief facts of the case of prosecution is that on 14.08.1991 at about 8.30 at Village : Dabhali the accused told the complainant to remove the bundal of karatha, but the complainant refused to remove the same. Thereupon, the accused persons abused the complainant and inflicted the injury by bricks. Therefore, the complainant lodged complaint against the accused respondents for the offences punishable under Sections 323, 504 and 114 of I.P. Code and Section 135 of the Bombay Police Act. After investigation, the Police filed charge-sheet against the accused in the Court of learned Magistrate.

(3.) To prove the case against the present respondent accused, the prosecution has examined in all eight witnesses and also produced documentary evidence.