STATE OF GUJARAT Vs. VIOTHALBHAI SHANABHAI SOLANKI

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order dated 09.08.1993 passed by the Additional Sessions Judge, Vadodara in Sessions Case No. 26 of 1993 whereby the accused has been acquitted of the charges leveled against him by granting him benefit of doubt.

(2.) THE brief facts of the prosecution case are that on 31.03.1992 at around 12.30 pm, the accused inflicted dhariya blow on the head of the deceased which proved to be fatal and the deceased expired. A complaint was therefore registered against the accused and pursuant to the complaint, investigation was carried out. After investigation, charge -sheet was filed and as the case was triable by the Court of Sessions, it was committed to the Court of Sessions, Vadodara.

(3.) MR . Daxay Patel, learned advocate appearing for Mr. Rao for the respondent supported the impugned judgment and order and submitted that the same having been passed in accordance with law does not call for any interference. He submitted that the prosecution has failed to prove the case against the respondent beyond reasonable doubt. He submitted that there are variations in the evidence of witnesses.