STATE OF GUJARAT Vs. CHATURBHAI SOMABHAI THAKOR

JUDGEMENT

(1.) Present Appeal is preferred by the State under Sec. 378 of the Code of Criminal Procedure, 1973 against the judgment and order dtd. 21/3/1998 passed in Sessions Case No.134 of 1991 by the Additional Sessions Judge, Kheda at Nadiad.

(2.) The State is in Appeal on the ground that evidence recorded during the course of trial was sufficient to establish the case against the respondent-accused and therefore, an error is committed by the Sessions Court in giving benefit of doubt to the respondent-accused and acquitting him of the charge.

(3.) The FIR came to be registered in connection with the incident, which took place midnight between 13/11/1990 and 14/11/1990, where allegedly respondent-accused assaulted the deceased with stick on the vital part of the body resulting in serious injuries and subsequent death of the deceased.