STATE OF GUJARAT Vs. KOLI RAGHAJI MALAJI

JUDGEMENT

(1.) BY way of present appeal, the appellant - State has challenged the judgment and order dated 22.12.1992 passed by the learned Additional Sessions Judge, Palanpur, in Sessions Case No. 92 of 1991, whereby the learned Additional Sessions Judge has acquitted the respondent - accused of the charges levelled against him under Sections 302 and 504 of the Indian Penal Code and Section 135 of the Bombay Police Act.

(2.) THE case of the prosecution is that on 4.5.1991, at about 11:30 p.m., the incident took place at village: Iqbalgadh, Dist. Banaskantha, at the chawk of the house of the complainant Champaben, widow of Kacharaji Babarji. The accused, who is husband of the deceased Geetaben, came there and he gave knife blows on the chest, stomach as well as on left hand of the deceased Geetaben. Thereby, the accused committed offences under Sections 302 and 504 of the Indian Penal Code as well as Section 135 of the Bombay Police Act.

(3.) TO prove the case against the accused, the prosecution examined following witnesses: