ORDER :- This appeal is by the State against the judgment dated 14-10-1968 passed by the Additional Sessions Judge at Panjim in sessions case No 14/ 68 by which he acquitted the respondent herein holding that the charge for the offence under Section 302, I. P. C. framed against him was not proved.

2. The case for the prosecution was this :-

The respondent herein Jose Gaspar Noronha is a resident of Cortalim. One Sebastiao Gama was also residing in that village. The house in which Sebastiao Gama was residing is at a distance of about 5 metres from the house of the respondent. On 30th August, 1966 at about 6.30 p. m. or 7.00 p. m. while P. Ws. 2, 5, Sebastiao Gama and Cruz were in the verandah of Sebastiao Gama house the respondent returned from his work. While coming he brought a tender banana tree and threw it in the balcony of Sebastiao Gama's house. Sebastiao Gama picked up that tree and went towards the back of his house in which direction the respondent was going. P. W. 4 whose house is near the houses of Sebastiao Gama and the respondent was then cutting fire-wood near her house. She found the respondent hitting Sebastiao Gama on head with bamboo stick (M. O. 1) soon after Sebas

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