STATE OF GUJARAT Vs. KAVAJI DAMOR

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order dated 10.12.1993 passed by the Additional Sessions Judge, Sabarkantha, Himmatnagar in Sessions Case No. 103 of 1993 whereby the accused have been acquitted of the charges leveled against them by granting them benefit of doubt.

(2.) THE brief facts of the case as per the prosecution is that on 22.04.1993 while the children of accused Nos. 1 & 2 were trying to pluck mangoes from the tree, the deceased reprimanded them and therefore the accused persons got angry and came to the house of the deceased and started assaulting him. It is the case of the prosecution that the accused persons started beating the deceased and inflicted stick blows on the deceased. The deceases succumbed to his injuries during the course of treatment.

(3.) MR . Barot, learned advocate appearing for the respondents 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 respondents beyond reasonable doubt.