(1.) THE present appeal has been preferred by the State of Gujarat against the judgement and order of acquittal dated 4.5.1985 passed by the learned Sessions Judge, Surendranagar in Sessions Case No.62 of 1986.
(2.) THE case of the prosecution is that on 7th August 1986 at about 2 PM in the sim of village Sankali, Taluka Wadhwan, District Surendranagar, which is situated at Sankali, Bhadiad Road, accused No.1 inflicted Farsi -Axe blows on the deceased with the intention of causing his death. The accused Nos.2 and 3 instigated accused No.1 in the commission of offence. It is also alleged that accused No.1 had voluntarily caused simple hurt by means of blunt portion of the Farsi to Janakben Bavabhai while accused Nos.2 and 3 executed stick blow on Chatur Bavabhai to his deaf and dumb son of the deceased.
(3.) A complaint was lodged by Jivuben who is wife of the deceased before the Head Constable at MGS Hospital, Surendranagar and the Constable sent the said complaint at Wadhwan Police Station for registration.