STATE OF GUJARAT Vs. NOORMOHMED @ NIZAM DAUDMIYAN SAIYED

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order of acquittal dated 16.11.1995 by the learned Addl. City Sessions Judge, 15th Court, Ahmedabad in Sessions Case No. 26/1995, acquitting the respondent herein ori. Accused for the offence under section 302 of IPC, the appellant-State has preferred present appellant.

(2.) The brief facts of the prosecution case are that the incident took place on 22nd august, 1994 at about 6.00 O'clock in the evening near Dudheshwar Water Works, near the Meter Reading room. At that time, all the witnesses wee sitting and just chit-chating near the tea stall and at that time, one servant of Dwarka Hotel had come to serve tea and at that time some children were playing nearby the gate of Water Works, Meter Reading Room and seeing him (i.e. the present accused) one of the children had shouted "Lamboo", "Lamboo" to tease the present accused.

(3.) To prove the case against the present accused, the prosecution has examined following seven witnesses: