JUDGMENT :

M. K. THAKKER, J.

1. The appellant- State of Gujarat has preferred this appeal under Section 378 of Code of Criminal Procedure, 1973, against the judgment and order of acquittal dated 27.12.2001 passed by the learned Additional Sessions Judge, Mehsana in Sessions Case No.95 of 2001 thereby, the respondent-accused was acquitted from the charges punishable under Sections 302, 323, 504 of Indian Penal Code and Section 135 of the Bombay Police Act.

2. It is the case of the prosecution that on 6.3.2001, complainant, namely, Jagatsinh Rajusinh Parmar, was on his Pan Shop and in the night hours, around 9 O’Clock, one Gokusinh Ramsinh Parmar residing in the same village came with Dhariya and asked for the Masala on credit. The complainant denied for the same and therefore, a slap was given by said Gokusinh Ramsinh to the complainant and abused by using filthy language. The complainant immediately went to the house, which is in the field and informed to the father with regard to the behaviour of Gokusinh. The father went for scolding Gokusinh. The complainant and the mother had followed the father and when they reached to the field of Bharatsinh Malusinh and they met to Gokusinh and