STATE OF GUJARAT Vs. ALLARAKHA KHAMISA MANSURI

JUDGEMENT

(1.) The sole but substantial question which has come up in focus in this appeal before us is, as to whether the acquittal of the respondent-original accused No. 1 ('A-l') from the main charge of Sec. 302,I.P.C. is valid and justified? Thus, this is an acquittal appeal under Sec. 378 of the Code of Criminal Procedure, 1973 ('Code') at the instance of the State.

(2.) . The skeleton projection of material and relevant facts leading to the rise of this appeal may be shortly articulated at this juncture with a view to appreciating the merits of this acquittal appeal and challenge against it by the defence.

(3.) . According to the prosecution case, on 27-3-1989, at about 7-30 p.m., near Bhachau bus stand, in Bhachau town of Kutch District, respondent No. 1 (A-l) and respondent No. 2 (A-2) went to the tea stall of deceased Abdul Karim Ali Mohmed. At that time, A-l was holding a dharia and A-2 started giving abuses to the deceased to which the deceased told not to give abuses. At that time, A-1 inflicted four dharia blows there and then on and around head portion of the deceased, as a result of which, the deceased Abdul Karim sustained serious injuries on head and parietal as well as face portion of his body which proved fatal. Injured was shifted to the Government Hospital.