STATE OF GUJARAT Vs. GHANAN SHEKHRAN DURERAJ

JUDGEMENT

(1.) The present appeal is preferred by the State under Sec. -378 of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dtd. 26/4/1996 passed by Additional Sessions Judge, Kachchh at Bhuj in Session case No.68 of 1989. By the impugned judgment and order, the Sessions Court acquitted the respondentaccused for offence under Secs. 302, 504 read with Sec. 34 of the Indian Penal Code and under Sec. 135(1) of the Bombay Police Act.

(2.) The bare facts of the case are that on 20/4/1989, at around 9:15 PM, in Dharamshala Faliya, Naliya, Abdasa Taluka, Kutch, the accused attempted to assault Bhupsingh Raghubirsingh Chaudhary, a wireless operator at Naliya Customs House, with a stick, but Bhupsingh's wife, the complainant, snatched it away. The accused's sister, a juvenile offender, then brought a knife and handed it to the accused, who inflicted a fatal stab wound on Bhupsingh's abdomen, thereby committing offence under Sec. 302 read with Sec. 34 of the IPC. Additionally, the accused intimidated and abused the deceased and the complainant, constituting an offence under Sec. 504 read with Sec. 34 of the IPC. Furthermore, by carrying a knife in a public place in violation of the District Magistrate's prohibitory order, the accused committed an offense punishable under Sec. 135(1) of the Bombay Police Act, 1951.

(3.) Learned Additional Public Prosecutor has submitted that the present appeal challenges the judgment and order of acquittal passed by the learned Additional Sessions Judge, Kachchh, Bhuj, in Sessions Case No. 68 of 1989. The accused was acquitted of offences punishable under Ss. 302, 504 read with 34 of IPC and Ss. 135(1) of the Bombay Police Act, 1951. The impugned judgment is contrary to law and the evidence on record, and therefore, requires interference by this Hon'ble Court.