STATE OF GUJARAT Vs. KHESHU M SOLANKI

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 31.03.1994 passed by the Additional Sessions Judge, Rajkot in Sessions Case No. 76 of 1990 whereby the accused have been acquitted of the charges leveled against them.

(2.) THE brief facts of the prosecution case are that on 25.03.1990, at around 10.30 pm when the complainant was present at his house, accused no. 1 carried Jayanti, son of the complainant, who was in an inebriated state, on his shoulders and reached the house of the complainant. Seeing this the complainant scolded accused no. 1 and stated that accused no. 1 was trying to habituate the son of the complainant in drinking liquour and thereby asked him to go away. Accused no. 1 went away from there and the complainant took his son inside. Thereafter, the complainant heard the voice of accused no. 1 calling from outside and when he went outside he saw accused no. 1 standing there with an iron pipe and accused no. 2 with a stick. Bhupat, the elder son of the complainant came out and inquired and at that time accused no. 1 inflicted pipe blow on his head. He fell down and at that time accused no. 2 gave two stick blows on his back. The injured, Bhupat was taken to hospital for treatment.

(3.) MS . Chetna M. Shah, learned APP appearing for the appellant -State has submitted that the trial court committed an error in releasing the respondent -accused. It was contended by Ms. Shah, that the judgement and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondent. Learned APP has also taken this court through the oral as well as the entire documentary evidence.