STATE OF GUJARAT Vs. NATHA MENAND

JUDGEMENT

(1.) The present appeal is filed by the appellant-State being aggrieved and dissatisfied with the judgment and order dated 8-11-1996 passed by the learned Additional Sessions Judge, Porbandar, in Sessions Case No. 79 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 between 12 noon of 14th June, 1993 and 8 a.m. of 16th June in the gauchar land of Village Mandva, the accused had gone with the deceased for cutting wood and at that time, the accused gave blow on the head of the deceased with the axe which was carried by him and thereby committed offences punishable under section 302 of Indian Penal Code and section 135 of B.P. Act. A complaint was therefore filed by the complainant-Devsibhai Vijalbhai. Upon filing of the said complaint, police started investigation and at the end of investigation, filed charge sheet against the accused in the Court.

(3.) Heard learned Additional Public Prosecutor, Mr. Hardik Soni for the appellant-State of Gujarat and learned advocate, Mr. Ekant Ahuja for respondent-accused.