STATE OF GUJARAT Vs. PARMAR NAGINKUMAR PRABHUDAS

JUDGEMENT

(1.) The present appeal arises from the judgement & order passed by the learned Sessions Judge in Sessions Case No.153/04, whereby the accused has been acquitted for the offence under sections 307, 324, 326 and 506(2) of IPC read with section 135 of Bombay Police Act.

(2.) It may be recorded that Criminal Appeal No.1709/05 has been preferred by the State against the order of the acquittal. Whereas Criminal Revision Application No.375/05 has been preferred by the original complainant against the very judgment and order of the learned Sessions Judge for acquittal.

(3.) The short facts are that the complaint Ex-12 came to be filed by Jagrutiben, p.w.1, wife of the victim with Visnagar Police Station, stating that today, at about 1.00 noon, when she was with her husband in the compound of their house, the accused came to their place and gave a blow to her husband on right side of the stomach and her husband had fallen down and when the second blow was given, she and brother of her husband Prakashkumar, p.w.7, intervened and at that time, the brother of her husband Prakashkumar was injured with the knife. Thereafter, the other persons of the area had come and the accused had gone away by saying that "today because of the other persons her husband has been saved but when he will meet alone, he shall kill him". The cause of dispute was stated to be that of playing Casio (musical instrument).