STATE OF GUJARAT Vs. HARCHANDJI KALAJI THAKOR

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 23.02.2006 passed by the Additional Sessions Judge, Fast Track Court No. 5, Mukam Deodar in Sessions Case No. 96 of 2005 whereby the accused has been acquitted of the charges leveled against him.

(2.) The brief facts of the prosecution case are that on 09.03.2005, while the complainant, his wife and sister-in-law were harvesting crop in their field, Vadaji Punjaji who is the nephew of the complainant came through the field of Kanchala and at that time the respondent who was present there got into a verbal duel with said Vadaji Punjaji. In the scuffle, Vadaji fell down and the respondent gave a blow with wooden block on the head of Vadaji. The accused ran away from there when the complainant and his family members started shouting. He was taken to hospital and he succumbed to his injuries during the course of treatment. A complaint was therefore lodged by the complainant. Pursuant to the complaint, investigation was carried out. After investigation, charge-sheet was filed and as the case was triable by the Court of Sessions, it was committed to the Court of Sessions.

(3.) Ms. Shah, learned APP appearing for the appellant-State has submitted that the trial court committed an error in releasing the respondents-accused. It was contended by Ms. Shah, that the judgement and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondents. Learned APP has also taken this court through the oral as well as the entire documentary evidence. She submitted that from the evidence of wife of accused and the complainant it is clear that the accused is guilty of the alleged offence.