STATE OF GUJARAT Vs. GORDHANBHAI NANUBHAI

JUDGEMENT

(1.) By way of this Appeal, the State has challenged the judgment and order passed by the learned Judicial Magistrate First Class, Dhandhuka, in Criminal Case No.732 of 1986, on 31st March, 1994, acquitting the present respondent-accused for the offence punishable under Sections 324, 323, 504, 353 and 114 of the Indian Penal Code.

(2.) It is the case of the prosecution that complainant gave money to respondent-accused No.1 and on 12th June, 1986 at about 7:00 a.m. in the morning when accused No.1 came to Kalkamata's Temple, the complainant asked him to repay his money the accused got excited and thereafter attacked on the complainant with other accused with knife and sticks. It is the case of prosecution that accused No.1 gave knife blows on the left hand wrist of the complainant and thereby gave injury to the complainant. It is also the case of prosecution that other witnesses have also been given kick and fist blows. Thereafter, the 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 08 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 the complainant and other witnesses who have received injuries and the said injuries are serious in nature.