STATE OF GUJARAT Vs. CHHELIABHAI RAMABHAI NAYKA

JUDGEMENT

(1.) By way of this Appeal, the State has challenged the judgment and order passed by the learned Judicial Magistrate First Class, Chikhli, Valsad, in Criminal Case No.1587 of 1990, on 31st January, 1994, acquitting the present respondents-accused for the offence punishable under Section 325, 323, 504 and 114 of the Indian Penal Code.

(2.) It is the case of the prosecution that on 7th October, 1990 at about 10:00 O'clock, the present respondents-accused with the connivance of each other, abused the complainant-Champaben and witness-Ishwarbhai at Unchabeda Falia of Village Vad. It is alleged that during the said incident accused No.1 caused injury on right hand of the complainant-Chamben and her right hand was fractured; whereas witness-Ishwarbhai received an injury on his back which was allegedly caused by accused No.2. Offence was registered. The accused were arrested and on completion of the investigation the accused were charge-sheeted. In order to prove the charges levelled against the accused, the present respondent, the Prosecution has examined in all 10 witnesses as under;

(3.) Learned APP, Shri HL Jani appearing for the appellant has taken me through the oral as well as the documentary evidence on record. He has contended that the Sessions Court has committed an error by not believing the evidence of P.W.No.1-Champaben and the medical evidence in the form of doctor.