STATE OF GUJARAT Vs. FRANSIS DANIAL PARMAR

JUDGEMENT

(1.) Respondent-accused came to be acquitted from the charge under sections 452 and 324 of the Indian Penal Code on 31.12.1984 by the learned Judicial Magistrate First Class Nadiad in Criminal Case No.742 of 1983. Therefore the appellant-State has questioned the legality and validity of the order of acquittal recorded by the learned trial Magistrate by invoking the aids of the provisions of section 378 of the Criminal Procedure Code 1973 for short).

(2.) Initially the relevant factual matrix may shortly be stated so as to appreciate the merits of this appeal and challenge against it. Respondents herein is the original accused who is hereinafter referred to as the accused for the sake of convenience was charged by the learned Judicial Magistrate First Class at Nadiad in the trial court for the of fence punishable under sections 324 and 452 of the Indian Penal Code In that the prosecution alleged that the accused on 19.12.1983 at 8 30 P.M. illegally committed trespass in the house of the complainant-Bai Meena with an intention to commit an offence and inflict knife blows on the abdomen of Bai Meena. He had also caused injury to the Prosecution witnesses-Bhikhabhai who tried to intervence and save Bai Meena from the attack. There were four persons in the house at the time when the incident occured. Thus three eye witnesses witnessed the attack by the accused on Bai Meena with knife. The accused after entering into the house of the complainant Bai Meena insisted her to accompany him and go out. Thus the accused forcibly wanted to lake away Bai Meena which was resisted by Bai Meena and it resulted into an attack on her.

(3.) After infliction of knife blows the complainant Bai Meena was taken to Mahagujarat Hospital at Nadiad from village Uttarsanda which is about 8 to 10 kms. from Nadiad. The incident occured at about 8.30 P.M. on 19.12.1983 and she was taken to the said hospital at Nadiad whore she was questioned by the doctor and she was treated at 9.45 P.M. on the same day.