STATE OF GUJARAT Vs. KOLI BHUPAT MITHABHAI

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 05.03.1994 passed by the Additional Sessions Judge, Rajkot in Sessions Case No. 180 of 1991 whereby the accused - respondent 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 11.09.1991 at around 04.00 pm, the deceased along with his family members had reached the place of the complainant in village Kandadhar Hadmatiya on the occasion of a social function and thereafter while the deceased was on his way to meet his ill father, the accused came there with an axe in his hand and attacked the father of the complainant deceased. 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.