STATE OF GUJARAT Vs. THAKOR MAFAJI KHODAJI

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 04/07/2005 passed by the learned Additional District & Sessions Judge, Gandhinagar in Sessions Case No. 48 of 2004, whereby the respondent herein -original accused has been acquitted of the charges levelled against him for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and Section 135 of the Bombay Police Act.

(2.) THE brief facts of the prosecution case are that on 30/03/2004 at about 11:30 p.m., the respondent herein - original accused quarrelled with deceased Kaluji Punaji Thakor, the son of the complainant as to using of the way and assaulted the deceased with the iron pipe due to which, the deceased sustained serious injuries and ultimately, succumbed to the injuries and for the said alleged offence, a complaint came to be lodged against the accused for the aforesaid offences.

(3.) ON the other hand, learned advocate Ms. Bhavsar for Mr. Jani, 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. It is also submitted that the learned trial Judge, after taking into consideration all the aspects of the matter, more particularly, in para 41 of the impugned judgment and order, has come to such a conclusion, which is just and proper and when the learned trial Judge, after duly appreciating the oral as well as documentary evidence produced before him, has come to such a conclusion, this being an appeal against acquittal, this Court should not interfere in appeal.