STATE OF GUJARAT Vs. NARANBHAI DEVSHIBHAI VAGHELA

JUDGEMENT

(1.) THE present appeal, under section 378(1)(3) of the Code of Criminal Procedure, 1973 (for brevity, 'the Code') is directed against the judgment and order dated 12/08/2005 passed by the learned Presiding Officer, Fast Track Court No. 5, Rajkot in Sessions Case No. 166 of 2002, whereby the respondent herein - original accused have been acquitted of the charges levelled against him for the offence punishable under Sections 307 and 188 of the Indian Penal Code, 1860 (for brevity, 'the IPC').

(2.) BRIEF facts of the prosecution case are that on 26/07/2002 when complainant - Jagdishbhai Ravjibhai Solanki, had gone to Civil Hospital at Rajkot together with his lover and his three children, the respondent - accused came there and asked the complainant to leave his lover as the accused wanted to marry her, to which, the complainant denied and hence, the accused got angry and assaulted the complainant with knife which he possessed, on his abdomen and thereby tried to kill him and thereby, he committed the alleged offence for which, a complaint came to be lodged against him.

(3.) ON the other hand, Mr. Barot, learned advocate 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. It is submitted that the prosecution has failed to prove the case against the respondent beyond reasonable doubt and the learned trial Judge, after taking into consideration all the aspects of the matter, has come to such a conclusion, which is just and proper and has rightly acquitted the accused and accordingly, it is requested that this Court should not interfere in appeal.