STATE OF GUJARAT Vs. RAMANBHAI LALSING NAYAK

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 15.02.2008 passed by the Additional Sessions Judge, Vadodara in Sessions Case No. 93 of 2007 whereby the accused has been acquitted of the charges leveled against him.

(2.) The brief facts of the prosecution case are that the daughter of deceased though was married to the respondent, was staying with the deceased at her parental house. A weel prior to the incident, when the respondent went to the hosue of deceased, his daughter wife of respondent did not go with the respondent. It is the case of the prosecution that therefore, keeping a grudge, on 10.12.2005, when the deceased was sleeping in the farm, the respondent inflicted iron pipe blow on the hands, legs and stomach of the deceased. The deceased succumbed to the injuries. 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. She submitted that the eye witnesses being P.W. 2 & P.W. 3 have supported the case of the prosecution. She submitted that the motive behind the alleged incident is also clear.