STATE OF GUJARAT Vs. RAMESHBHAI PARSHOTTAMBHAI PARMAR

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 22.9.2004 passed by the learned Addl. Sessions Judge, Vadodara in Sessions Case No. 262/2001, whereby, the learned trial Judge acquitted the original accused the respondent herein, of the charges for the offence punishable under Section 325 and 506 of IPC and under section 135 of the B.P. Act.

(2.) The brief facts of the prosecution case are that on 15.10.1988 at about 20.00 hours, the wife of the complainant Manjulaben complained to the accused that dirty watter was coming from the house of the accused and requested him to put in order by putting sand. The accused was enraised and abused and carried a stick from the house and gave a blow on the head of the complainant and caused injury on the right ear and there was bleeding from the head. Therefore, the complaint was lodged. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, chargesheet was laid against him in the Court of learned Magistrate, Vadodara. As the case was exclusively triable by the Court of Sessions, the learned Magistrate has committed the case to the Court of Sessions, which was numbered as Sessions Case No. 262/2001. The trial was initiated against the respondent.

(3.) To prove the case against the present accused, the prosecution has examined 11 witnesses and also produced four documentary evidence.