ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE KS JHAVERI)

1. The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 05.03.1992 passed by the Additional City Sessions Judge, Ahmedabad in Sessions Case No. 339 of 1991 whereby the accused has been acquitted of the charges leveled against him.

2. The brief facts of the prosecution case are that on 03.04.1991 at Dudhwali Pole naka, Nr. Mahakali Pan parlour, on the public road, with the intention of causing death of deceased, the accused gave a knife blow and caused his death. It is the case of the prosecution that on 03.04.1991, while the complainant was home, the accused came to her house twice inquiring about the whereabouts of the deceased. On asking the reason, the accused told the complainant that he was going to kill the deceased. Thereafter, the accused went to the entrance of the pole from where he saw the deceased coming by foot. The accused gave fist blows to the deceased and thereafter took out a pen-knife from his pocket and inflicted a blow on the left side of his chest. The complainant tried to intervene but in vain. The deceased was taken to hospital for