STATE OF GUJARAT Vs. KATHI KATHUBHAI VALSURBHAI

JUDGEMENT

(1.) The present appeal is filed by the appellant -State being aggrieved and dissatisfied with the judgment and order dated 7 -1 -1995 passed by the learned Additional Sessions Judge, Amreli, in Sessions Case No. 29 of 1990 whereby the respondent -original accused was acquitted of the charges levelled against him.

(2.) Short facts leading to filing of the present appeal are on 8 -12 -1989 at about 9 a.m., in the field adjoining to the waste land field of Valerabhai Selarbhai in Village Vaghvadi, Taluka and District Amreli, the accused attacked on the father of the complainant and tried to commit his murder by inflicting axe blow on his head. A complaint was, therefore, filed by the complainant before the police. In pursuance of said complaint, investigation started and as there appeared prima facie case against the accused, a charge sheet was filed against him. Thereafter charge was framed against the accused which was read over and explained to the accused. The accused pleaded not guilty to the charge and claimed to be tried.

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