STATE OF GUJARAT Vs. SURAJI BHURAJI BHAT ANR

JUDGEMENT

(1.) BY way of the present appeal under Section 378 of the Code of Criminal Procedure, 1973, the appellant has challenged the judgement and order of acquittal dated 12.10.1992 passed by learned Sessions Judge, Sabarkantha at Himatnagar, in Sessions Case No. 40 of 1991 whereby the respondents -original accused were acquitted of the charges under Sections 302, 34, 323, 504 of the Indian Penal Code.

(2.) THE brief facts of the prosecution case are that a complaint was filed by the brother of the deceased stating that on 17.1.1991 at about 2.00 O'clock in the afternoon the accused had committed murder of Parshotambhai Chamnaji Bhat at Himatnagar City by inflicting blows. Accused No. 1 was armed with knife and accused No. 2 had iron pipe in his hand.

(3.) LEARNED counsel for the appellant has contended that in order to prove the case against the accused persons, the prosecution has examined following witnesses: