JUDGMENT :

SANDEEP N. BHATT, J.

1. Feeling aggrieved and dissatisfied with the judgment and order of acquittal dated 30.06.1994 passed by the learned Sessions Judge, Navsari in Sessions Case No.26 of 1991 for the offences under Sections 302, 323 and 114 of the Indian Penal Code, 1860, the applicant – State of Gujarat has preferred this appeal as provided under section 378 of the Code of Criminal Procedure, 1973 (“the Code” for short) inter alia challenging the judgment and order of acquittal in favour of the respondents accused.

2. The case of the prosecution is that, Durlabbhai Bhagabhai and others - the accused had bitten one Naginbhai on 12.12.1990 as he has intervened in the dispute between Durlabhbhai Bhagabhai and Chhaganbhai Bhagabhai. On 14.12.1990, the accused had gone to the house of said Naginbhai and used abusive language to his wife – Shardaben. The deceased – Gambhirbhai was a neighbour and therefore, he stopped the accused and told them not to use such language. The accused were provoked and as they were armed with sticks, gave stick blows to the deceased – Gambhirbhai. Due to that, Gambhirbhai received serious injuries on head and other parts of the body and ultimately