STATE OF GUJARAT Vs. RAVAL JAYANTILAL DAHYABHAI

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 23.09.2005 passed by the Additional Sessions Judge, Mehsana in Sessions Case No. 36 of 2005 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 21.10.1999 at about 10.30 pm, the complainant along with other persons of the society were cleaning common plot of the society. At that time a tractor was parked on the road and therefore the respondent to whom the tractor belonged was asked to park it on the side of the road. It is the case of the prosecution that the respondent got enraged and a verbal duel ensued. Thereafter, the respondent brought swords from his house and inflicted sword blow on the head of the complainant. Thereafter, the respondent also inflicted another blow on the complainant which resulted into injury on the elbow of his left hand. The respondent was taken to hospital for treatment. A complaint was therefore lodged by the complainant. 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.

(3.) Ms. 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.