JUDGMENT :

VIPUL M. PANCHOLI, J.

1. The appellant-State has preferred present appeal under Section 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’ for short) challenging the judgment and order of acquittal dated 12.9.1996 rendered by the learned Additional City Sessions Judge, Court No. 13, Ahmedabad in Sessions Case No. 129 of 1992, whereby trial court has acquitted the respondent accused from the charges levelled against him for the offences punishable under Section 302 of Indian Penal Code.

2. The brief case of the prosecution is as under:

2.1 On 24.8.1991 at around 8.00 a.m. in the morning, the respondent accused was doing fencing work near the house of Vijaymal (deceased) and therefore, deceased informed accused to stop the fencing work. This refusal converted into exchange of words between the respondent accused and the deceased and thereafter, the respondent accused attacked on Vijaymal (deceased) with a spade and had inflicted the blow on the head of Vijaymal (deceased). The said attack resulted into the death of Vijaymal.

3. One Ganesh Yadav filed a complaint before the Sardar Nagar Police Station, wherein he has stated that one Ramnath inform