STATE OF GUJARAT Vs. MAHAMAD NURMAMAD MUMNA

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 11.07.1994 passed by the Additional Sessions Judge, Morbi, Rajkot in Sessions Case No. 64 of 1993 whereby the accused has been acquitted of the charges leveled against him.

(2.) The brief facts of the prosecution case are that on 05.04.1993 at around 09.30 pm when the complainant was sleeping in his house after dinner, the deceased brother of complainant had gone house to eat Pan z(beetle leaves). After around 15 mins one Hussain came running and informed the complainant that the deceased had collapsed near Gani Masjid and that the accused had given knife blows on his stomach. The complainant went with Hussain in rickshaw and took him to hospital in the rickshaw. The deceased succumbed to the injuries. 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. 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.