STATE OF GUJARAT Vs. AYUBKHAN RASIDKHKAN PATHAN

JUDGEMENT

(1.) The present appeal is filed by the appellant-State being aggrieved and dissatisfied with the judgment and order dated 23-3-1998 passed by the learned Additional Sessions Judge, Panchmahals, Godhra, in Sessions Case No.28 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 4-11-1992 at about 5 p.m. the accused illegally entered into Room No.5 of Civil Hospital Staff Quarters Class-IV at Godhra City, Panchmahal District, occupied by the complainant and abused the complainant and deceased-Shantaben-wife of the complainant by their caste and with an intention to kill the wife of the complainant, pushed her on the burning stove. When the complainant tried to save Shantaben, he restrained him from doing so.

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