JUDGMENT :

(A.Y. KOGJE, J.)

1. The present appeal is preferred by the State against the judgment and order of acquittal dated 27.11.1998 passed by the Additional Sessions Judge, Court No.11, City Civil & Sessions Court, Ahmedabad in Session case No.155 of 1998. By the impugned judgment and order, the Sessions Court acquitted the respondent-accused for offences under Sections 302 and 135(1) of Indian Penal Code.

2. It is the case where on 18.08.1997 at about three O’clock in the noon deceased Vinod, son of Laxmansinh Hazarisinh went to his friend Sureshkumar Rajput @ Shiva’s house. Thereafter at about 6-30 in the evening said Shiva and Vijay Manubhai Prajapati brought Vinod in rickshaw in blood stained condition to his house. On inquiry by his father Laxmansinh Vinod informed that Rintu Mishra has stabbed him near Surelia Estate opposite Jain Milan Society in a quarrel while gambling. Thereafter, Vinod was taken to Manekba hospital by said Laxman Hazarisinh. Shiva and Vijay but as his condition was serious, the compounder of the hospital advised them to take Vinod to L.G.Hopsital so he was to L.G. Hospital where said Vinod died during the treatment.

2.1 Charge, Exh.2 came to be frame