STATE OF GUJARAT Vs. RAJESHKUMAR HEMRAJBHAI PRAJAPATI

JUDGEMENT

(1.) BY way of the present appeal under Section 378 of the Code of Criminal Procedure, 1973, the appellant State has challenged the judgement and order of acquittal dated 16.4.1994 passed by learned Additional Sessions Judge, Mehsana, in Sessions Case No. 236 of 1993 whereby the respondent, original accused, was acquitted of the charges under Section 302 of the Indian Penal Code.

(2.) THE brief facts of the prosecution case are that on 14.7.1993 at 7.45 p.m. the accused had inflicted knife blows on the deceased Mahendra when he demanded money from the accused. While recovering money, an altercation took place between the accused and deceased Mahendra which provoked the accused to inflict knife blows on neck, chest and abdomen parts of deceased Mahendra and caused his death. On the basis of the complaint, investigation was carried out. The accused was arrested. After completion of investigation, chargesheet was filed in the Court of learned Chief Judicial Magistrate. As the case was triable exclusively by the Court of Sessions, it was committed to the Sessions Court, Mehsana.

(3.) LEARNED APP, Mr. Pujari, for the appellant State submitted that in order to prove the case against the accused the prosecution has examined the following witnesses: