STATE OF GUJARAT Vs. BHAVANSING FULSING LODHA

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 25.05.1998 passed by the Additional Sessions Judge, Court No. 8, Ahmedabad City in Sessions Case No. 367 of 1994 whereby the accused has been acquitted of the charges leveled against him.

(2.) The brief facts of the prosecution case are that the on 20.03.1994, at around 06.30 pm, when the complainant was at his pan shop, the respondent - accused demanded tobacco (pan masala) from him and accordingly the complainant gave him the same. It is the case of the prosecution that the complainant asked for the amount of Rs. 25 ps being the cost of tobacco from the respondent - accused to which he got enraged and a verbal altercation took place between them. It is the case of the prosecution that the accused pulled out a knife and inflicted knife blow on the complainant. A complaint was therefore lodged against the accused. 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. Pathak, 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. Pathak 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.