STATE OF GUJARAT Vs. MANHARSINH B. PATEL

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 06.06.1994 passed by the Sessions Judge, Panchmahals in Sessions Case No. 3 of 1994 whereby the accused has been acquitted of the charges leveled against him.

(2.) The brief facts of the prosecution case are that the accused and the deceased were married. It is the case of the prosecution that on 28.09.1993, a quarrel took place between the deceased and the accused and the accused in a fit of rage gave iron pipe blows to the deceased as a result of which she died. 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.