STATE OF GUJARAT Vs. KASAMBHAI ABDUKRAHIM MANIYAR (MUSALMAN)

JUDGEMENT

(1.) The present appeal is filed by the appellant-State being aggrieved and dissatisfied with the judgment and order dated 18-12-1995 passed by the learned Assistant Sessions Judge, Mehsana, in Sessions Case No.274 of 1993 whereby the respondent-original accused was acquitted of the charges levelled against him.

(2.) Short facts of the case of the prosecution are that on 1st August, 1993 at about 2.30 p.m. at Indiranagar, Kalol, the goat of relative of Nanabhai was hit by the accusedKasambhai Abdulrahim and as the accused was scolded by Nanabhai, the accused went away by giving abuses. When Nanabhai asked him not to give abuses, the accused brought an axe from his house and inflicted blows on the head of Nanabhai. As Nanabhai suffered serious injuries, he was taken to Kalol Civil Hospital and thereafter transferred to Ahmedabad Civil Hospital. With these allegations, a complaint was filed against the accused. In pursuance of said complaint, investigation started and as there appeared prima facie case against the accused, a charge sheet was filed against him. Thereafter charge was framed against the accused which was read over and explained to the accused. The accused pleaded not guilty to the charge and claimed to be tried.

(3.) Heard learned Additional Public Prosecutor, Ms.C.M.Shah for the appellant-State of Gujarat and learned advocate, Mr.J.M.Barot for respondent-accused.