STATE OF GUJARAT Vs. PATEL RAMA JIVRAJ

JUDGEMENT

(1.) The present appeal is filed by the appellant-State being aggrieved and dissatisfied with the judgment and order dated 1-7-1997 passed by the learned Additional Sessions Judge, Palanpur, in Sessions Case No. 77 of 1988 whereby the respondents-original accuseds were acquitted of the charges levelled against them.

(2.) Short facts of the case of the prosecution are that on 31-5-1987 at about 7 a.m. in Village Makda, Taluka Vav, District Banaskantha, accused No. 2 forcibly entered into the house of Jivraj Khodaji Bhikhaji and caught hold of the deceased-Jivraj Khodaji Bhikhaji and inflicted axe blow on the head of the deceased and Jivraj died. 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 them. During the pendency of trial, as accused No. 3 died, his name was deleted.

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