THE STATE OF GUJARAT Vs. SAHDEVSINH ANOPSINH JADEJA

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973 (for brevity, 'the Code') is directed against the judgment and order dated 19/07/2006 passed by the learned Sessions Judge, Jamnagar in Sessions Case No. 122 of 2003, whereby the accused has been acquitted of the charges levelled against him for the offence punishable under Sections 307, 332 and 504 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and Section 135 of the Bombay Police Act, 1935.

(2.) THE brief facts of the prosecution case are that on 25/06/2003, at about 6:30 a.m. near the main gate of G.G. Hospital, Jamangar, near Shivam Hotel, the accused came there with intention to take revenge and attacked on Umedbhai Thakariya with stick on his head which could have caused his death and thus, attempted to commit his murder and for the said alleged offence, a complaint came to be lodged against him for the offence punishable under section 307, 504 and 332 of the IPC and Section 135(1) of the Bombay Police Act.

(3.) ON the other hand, Mr. Lakhani, learned advocate for the respondent - accused, 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 miserably failed to prove that the incident had occurred at 6:30 a.m. and also, failed the 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, more particularly, in view of the observations made in para 41 of the impugned judgment and order, has come to such a conclusion, which is just and proper and giving benefit of doubt in favour of the accused, has rightly been acquitted and hence, he requested that this Court should not interfere in appeal.