STATE OF GUJARAT Vs. RAJGHAR TUKARAM

JUDGEMENT

(1.) The present appeal is filed by the appellant-State being aggrieved and dissatisfied with the judgment and order dtd. 7/6/1994 passed by the learned Sessions Judge, Surat, in Sessions Case No.4 of 1994 whereby the respondent-original accused was acquitted of the charges levelled against him.

(2.) Short facts of the case of the prosecution are that the accused upon going to the place of the deceased, who is physically incapacitated, demanded money for taking liquor. When the deceased asked the accused whether he had no shame in asking for money from a physically unchallenged person, the accused got excited and gave a kick blow on the stomach and as the accused had a heart attack, he died. A complaint was, therefore, filed against the accused for the offence punishable under Sec. 302 of IPC. In pursuance of said complaint, investigation started and as there appeared prima facie case against the accused, a charge sheet was filed against him.

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