- (1.) The appellant State of Gujarat has preferred the present appeal under section 378(1) (3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 23.12.2005 rendered by learned Presiding Officer, 4th Fast Track Court, Nadiad in Sessions Case No.226 of 2004.
(2.) The short facts giving rise to the present appeal are that the complainant registered the complaint before Khambhat Rural Police Station stating the fact that on previous night of the complaint about 10.00 O'clock, they had gone to witness garba and on return, when they were preparing for bed, at that time, the accused came there and inquired as to whether they were having Mavo. It is alleged that in between, there were exchange of abuses and accused No.1 who was armed with danti inflicted blow on the head of Sudarshan Yadav. It is alleged that the complainant intervened and she also sustained danti injury on the hand. It is alleged that the the accused also took away golden chain worth of Rs.6000/- and currency notes of Rs.5000/- from the complainant and also threatened to done to death. Hence, the complaint came to be registered against the respondents accused.
(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the respondents accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried. 3.1 In order to bring home the guilt, the prosecution has examined 9 witnesses and also produced documentary evidences such as complaint Exh.24, injury certificate of Radhaben Exh.13, injury certificate of Sudarshan Exh.14, panchnama of scene of offence Exh.29 etc. 3.2 At the end of the trial, after recording the statement of the accused under section 313 of the CrPC and hearing the arguments on behalf of the prosecution and the defence, learned trial Court delivered the judgment and order, as stated above.;