STATE OF GUJARAT Vs. MUKESH MOHANLAL BHANUSHALI

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 21.03.1995 passed by the Additional Sessions Judge, Jamnagar in Sessions Case No. 74 of 1992 whereby the accused has been acquitted of the charges leveled against him under Sections 302 of Indian Penal Code and 135 of B.P. Act. He is however convicted under Section 304(II) and sentenced to R.I for a period of five years and imposed fine with of Rs. 4000/- i.d S.I for six months.

(2.) The brief facts of the prosecution case are that on 01.07.1992, the deceased had a quarrel with the accused and therefore keeping the said incident in mind, the accused on 007.1992, inflicted three knife blows upon the deceased. The deceased was taken to hospital but he 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. She submitted that looking to the injuries sustained by the deceased, the trial court ought not to have acquitted the respondent - accused.