STATE OF GUJARAT Vs. THAKORE TAKHAJI @ BALVANTJI RUPSANGJI

JUDGEMENT

(1.) This Appeal is filed by the State against the Judgment and Order dated 22.3.1993 rendered by the Additional Sessions Judge, Mehsana, in Sessions Case No. 254 of 1992, whereby the learned Trial Court acquitted the respondent-accused for the offence punishable under Section 302 of the Indian Penal Code.

(2.) Prosecution case in brief was that on 4.8.1992 at about 10.30 P.M., a quarrel took place between the accused and the deceased. Accused was having suspicion about the character of his wife Sajjanben, as a result of which, he gave one blow with dharia on her head. Because of the said injury sustained by Sajjanben, she succumbed to the injury. Initially, First Information Report for the offence punishable under Section 307 of the Indian Penal Code was filed, and thereafter, after the death of Sajjanben, Section 302 of the Indian Penal Code was added. Investigating Officer carried out the investigation, and filed the charge-sheet against the accused.

(3.) The prosecution examined eight witnesses, and produced the documentary evidence on record, with a view to prove the charge against the accused. At the end of the trial, the learned Trial Court was of the opinion that prosecution has failed to prove the charge against the accused, and therefore acquitted him. Hence, the State has preferred this appeal under section 378 of the Code of Criminal Procedure 1973.