- (1.)THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 28. 10. 1988 passed by the learned Addl. Sessions Judge, Surat in Sessions Case No. 37/1988,whereby the accused have been acquitted of the charges under sec. 302, 307 read with sec. 114 of IPC, leveled against them.
(2.)THE brief facts of the prosecution case are as under:
2. 1 The deceased was residing with his amily a village Talangpur. On the day of incident, he has not gone to the place of duty as he wanted to go to village Maroli. The deceased, therefore, proceeded at the noon time from his residence. He was going towards the bus stand. At that time, accused no. 1 passed by him in rickshaw and the deceased has given signal to stop the rickshaw but the accused no. 1 did not stop the rickshaw and went towards Sachin bus stand. The deceased got lift of his friend and reached the Railway Station. The deceased saw the accused no. 1 there and asked as to why he did not stop the rickshaw. Thereafter, some hot exchange of words took place and the deceased went to catch train. At that time, the accused no. 1 told the deceased that he would see him when he would return in the evening. The deceased rturned at about 8. 30pm and when he was proceeding towards his residence, the accused persons were standing on the way. They surrounded the deceased and the accused no. 2, 3 and 4 gave fist and kick blows and caught hold of him. The accused no. 1 five to six blows of knife to the deceased. The witness Jashuben, who is the wife of the deceased who was waiting for him ran towards the place of incident and the accused no. 1 also gave her knife blow on the chest and forehead etc. On hearing the shouts other witnesses also arrived there. The deceased and Jashuben were taken to the hospital where the deceased was declared dead and Jashuben was also given treatment.

2. 2 Therefore, a complaint with respect to the aforesaid offence was filed against the respondents with thesachin Police Station. Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, charge-sheet was filed against him before the court of learned JMFC, Surat. Thereafter, as the case was exclusively triable by the Sessions Court, the same was committed to the Sessions Court, which was numbered as Sessions Case No. 37/1988. The trial was initiated against the respondents.

2. 3 To prove the case against the present accused, the prosecution has examined the following witnesses: jashuben Parshottambhai Ex. 12 dr. Praving Kalidas Patel Ex. 13 dullabhbhai Parbhubhai Ex. 15 champakbhai Jagubhai ex. 16 gosaibhai Chhibabhai Ex. 17 maganbhai Valjibhai Ex. 18 pravinsinh Dansinh Ex. 19 pradipkumar Ramanlal Desai Ex. 20 ranjitsinh Nagjibhai Ex. 21 dattatrey Naran Ex. 23 kiritkumar Manubhai Rathod Ex. 24 dr. Pratibha Jamiyatram Ex. 31 dilipsinh Darjisinh Ex. 33 to prove the case, the prosecution has also produced the following documentary evidence: charge Ex. 3 inquest Panchnama Ex. 9 panchkyas Ex. 10 map of scene of place Ex. 11 mp Note Ex. 14 panchnama Ex. 25 panchnama Ex. 26 fsl Report Ex. Ex. 28 serology report Ex. 29 doctor's certificate Ex. 32

2. 4 At the end of trial, after recording the statement of the accused under section 313 of Cr. P. C. , and hearing arguments on behalf of prosecution and the defence, the learned Sessions Judge acquitted the respondent of all the charges leveled against them by judgment and order dated 28. 10. 1988.

2. 5 Being aggrieved by and dissatisfied with the aforesaid judgment and order passed by the Sessions Court the appellant State has preferred the present appeal.

(3.)IT was contended by learned APP that the judgment 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 respondent. Learned APP has also taken this court through the oral as well as the entire documentary evidence.