STATE OF GUJARAT Vs. GOPI PRAHLADBHAI SALAT

JUDGEMENT

(1.) The State of Gujarat has filed this appeal under Section 378 of the Code of Criminal Procedure,1973 (" Code" for short) against the order of acquittal under Section 302 of the Indian Penal Code in Sessions Case no.100/95 passed by the learned Sessions Judge, Mehsana on 21st October, 1995. The learned Sessions Judge held accused guilty of an offence under Section 304 Part II of the Indian Penal Code and awarded rigorous imprisonment for five years and fine of Rs.500, in default, S.I. for three months. The respondent-accused ("accused" for short) has not challenged the said order of conviction under Section 304 Part II of the Indian Penal Code.

(2.) Facts leading to the prosecution of the accused briefly stated are as under:

(3.) Deceased Janaji and his brother Shivaji complainant herein were running a tea stall near Gopinala Mehsana.