THE STATE OF GUJARAT Vs. RASIKBHAI DAMABHAI VASAVA

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 21.12.2004 passed by the Additional Sessions Judge, Camp at Anand in Sessions Case No. 188 of 2004 whereby the accused has been acquitted of the charges leveled against him.

(2.) THE brief facts of the prosecution case are that the accused was residing with his sister - the complainant and her husband. It is the case of the prosecution that on 23.05.2004 at about 08.00 pm, while the complainant and the deceased were sitting, a hot discussion took place between the complainant, her husband and the accused and in a fit of rage the accused inflicted iron pipe blows on the head of deceased which resulted into the death of the deceased. A complaint was therefore filed by complainant Savitaben. Thereafter, necessary panchnama was prepared. 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.) MR . Tejas Barot, learned advocate appearing for the respondent supported the impugned judgement and order and submitted that the same having been passed in accordance with law does not call for any interference. He submitted that the prosecution has failed to prove the case against the respondent beyond reasonable doubt. He submitted that the entire prosecution case is doubtful.