STATE OF GUJARAT Vs. KOLI MANJI VIHAJI

JUDGEMENT

(1.) The present appeal is filed by the appellant -State being aggrieved and dissatisfied with the judgment and order dated 30 -9 -1993 passed by the learned Additional Sessions Judge, Palanpur, in Sessions Case No. 3 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 17 -10 -1990 at about 6 p.m., in Village Odhav, Taluka Deesa, District Banaskantha, the accused, committing breach of peace, attacked on Koli Vasaji Ladhaji with scissors on his head and on left eye with an intention to kill him and Koli Vasaji Ladhaji succumbed to the injuries sustained by him. The accused also caused injuries on injured Dariyaben on the back with hard and blunt substance. A complaint was, therefore, 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.

(3.) Heard learned Additional Public Prosecutor, Ms. Shruti Pathak for the appellant -State of Gujarat and learned advocate, Mr. Nirav Pathiyar for the respondent -accused.