JUDGMENT :

CHEEKATI MANAVENDRANATH ROY, J.

1. Challenge in this appeal is to the judgment dated 28/09/2012 passed in Sessions Case No.31 of 2011 on the file of the learned 6^th (Adhoc) Additional Sessions Judge, Surat whereby the sole accused in the said case was acquitted of the charge under Section 302 of the INDIAN PENAL CODE .

2. Prefatory facts of the prosecution may briefly be stated as follows:

2.1. On 18/09/2010, at about 9:15 a.m. in the morning when the deceased Vijaybhai Punabhai Rathod (hereinafter referred to as ‘the deceased’) was taking his breakfast along with his parents, PW-7 and PW-17 and sister, PW-8, in their house, a small girl aged about nine years, who is examined as PW-9, came to their house and informed the deceased that the accused is calling him. The deceased has accordingly left the house, and went to the house of the accused, which is also situate in the same street at a distance of 150 feet from the house of the deceased. It is stated that the accused questioned the deceased relating to recovery of a sum of Rs.20/- which was borrowed by the deceased from the accused and that in the said process that there was a quarrel between both of them. When parents