(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 04.04.1989 passed by the Additional Sessions Judge, Godhra in Sessions Case No. 139 of 1988 whereby the accused has been acquitted of the charges leveled against him.
(2.) THE facts in brief as per the prosecution are that on 04.10.1988 the deceased -Shri Dalpatbhai Sanabhai Parmar was sleeping on the cot in the wada of one Rajnibhai when the accused entered the wada and inflicted knife blows on the chest of Shri Dalpatbhai and also inflicted another blow on the left arm. The accused ran away from the scene of offence and entered his house wherefrom he was caught by witness and brought out and beaten. The accused was thereafter taken to the police station. The deceased was also taken to the police station where he was declared brought dead. Ultimately, charge -sheet was filed against the accused. Thereafter, as the case was exclusively triable by the Sessions Court, the same was committed to the Sessions Court.
(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.