The appellate court should not interfere with an order of acquittal unless there are substantial and compelling reasons to do so.

K.S. Jhaveri, J.

1. The present appeal is filed by the appellant-State being aggrieved and dissatisfied with the judgment and order dated 7-6-1994 passed by the learned Sessions Judge, Surat, in Sessions Case No. 4 of 1994 whereby the respondent-original accused was acquitted of the charges levelled against him.

2. Short facts of the case of the prosecution are that the accused upon going to the place of the deceased, who is physically incapacitated, demanded money for taking liquor. When the deceased asked the accused whether he had no shame in asking for money from a physically unchallenged person, the accused got excited and gave a kick blow on the stomach and as the accused had a heart attack, he died. A complaint was, therefore, filed against the accused for the offence punishable under section 302 of IPC. In pursuance of said complaint, investigation started and as there appeared prima facie case against the accused, a charge sheet was filed against him.

2.1 As the offence was triable exclusively by Court of Sessions, the learned Magistrate committed the case to the Court of Sessions. Thereafter charge was framed against the accused which was read over and explained to the accused. The accused pleaded not guilty to the charge and claimed to be tried. Hence, the prosecution was asked to prove the guilt against the accused.

2.2 To prove the guilt against the accused, prosecution examined following witnesses:

P.W.No.	Name of Witness	Exhibit No.
1	Imalben Tarachand	10
2	Lalita Goutambhai	11
3	Gautam Tarachand	12
4	Vijay Tarachand	13
5	Babu Manilal	14
6	Pandit Tulsiram Shinde	15
7	Dhansukhbhai Parbubhai Vaidh	16
8	Ibrahimali Abdul Rasulsaifi	17
9	Shantilal Dhansukhbhai	19
10	Ghondu Damu	22
11	Shantaben Manilal	23
12	Gandalal Ghelabhai Desai	27

2.3 The prosecution also relied on following documentary evidence:

Sr. No.	Description	Exhibit No.
1	Inquest Panchnama	6
2	Panchnama of clothes wore by the deceased	7
3	Letter Producing pants of the deceased	8
4	Panchnama of seizure of clothes of the deceased	9
5	Histo pathological report	18
6	Map of scene of offence	21
7	Panchnama of body position of the accused	24
8	Certificate Keeping the cause of death of the deceased pending	25
9	Final opinion about cause of death of the deceased	26
10	Complaint	28
11	Special Report on the complaint	29
12	Post mortem note of the deceased	30
13	Panchnama of scene of offence	32

2.4 After filing of closing pursis by the prosecution, further statement of accused under Sec. 313 of Cr.P.C. was recorded. On conclusion of trial and upon hearing the learned advocates appearing for the respective parties, the impugned judgment and order was delivered by the trial court giving rise to the present appeal by the State.

3. Heard learned Additional Public Prosecutor, Ms. C.M. Shah for the appellant-State of Gujarat and learned advocate, Mr. D.J. Bhatt for respondent-accused.

4. Learned APP, Ms. Shah for the appellant, taking us through the evidence of daughter-in-law and wife of the deceased and other medical evidence submitted that the learned trial Judge has not properly appreciated their evidence and has erred in holding that the prosecution has failed to prove the charge against the accused beyond reasonable doubt. She submitted that though the prosecution has examined several witnesses supporting the case of the prosecution, the learned trial Judge has not properly appreciated their evidence and therefore, the finding recorded by the learned trial Judge that the prosecution has failed to prove the charge against the accused by leading legal, reliable and impeachable evidence