STATE OF GUJARAT Vs. PRABHATBHAI SARDARBHAI CHUNARAVAGHRI

JUDGEMENT

(1.) CRIMINAL Appeal No. 544 of 1991 preferred by the State is directed against the judgement and order dated 06. 06. 1991 passed by the Learned Assistant Sessions Judge, Nadiad in Sessions Case No. 254 of 1988, whereby the accused has been acquitted of the offence under section 307 of Indian Penal Code.

(2.) IT is the case of the prosecution that on 09. 09. 1988, at about 8. 30 am, while the injured complainant was selling meat at his shop the accused came there. He asked the complainant to give meat on credit. The complainant refused to give the accused any meat on credit. The complainant then tried to snatch away the bag of meat which he had handed over to the accused. The accused got excited and took the knife which was lying there and gave a blow on the right side of the chest of the complainant.

(3.) MS. M. L. Shah, learned APP has strongly supported the judgement of the trial court as far as the conviction of the accused is concerned. she has submitted that the trial court, considering the entire facts and circumstances of the case and the role of the accused in the alleged offence ought not to have acquitted him under section 307 of Indian Penal Code.