JUDGEMENT
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(1.)By way of this appeal under Section 378 of the Code of Criminal Procedure, the appellant State has challenged the judgement and order of acquittal dated 16.9.1992 passed by learned Additional Sessions Judge, Ahmedabad (Rural) in Sessions Case No. 156 of 1991 whereby learned trial Judge has given benefit of doubt to the accused and acquitted them of the charges under Sections 302, 337, 506(2) read with Section 34 of the Indian Penal Code as also under Section 135 of the Bombay Police Act.
(2.)The facts of the case, in a nutshell, is that the accused and deceased Mafaji Shivaji are real brothers. The complainant of this case is father of the accused and deceased person. An enmity was going on among the brothers for a long time. In the past, deceased Mafaji Shivaji had chopped off hand of accused No. 2. On 19.8.1991 in the morning at 10 O clock there was a quarrel between the accused and deceased Mafaji Shivaji and thereafter both the accused persons gathered and formed an intention to commit murder of the deceased. Accused No. 1 inflicted three to four fatal blows on Mafaji Shivaji with scythe due to which he had died on the spot. At the same time, accused No. 2 caused injuries on the deceased by hitting him with stone. A complaint in that regard was filed. Thereafter, investigation was carried out on the basis of the complaint. After completion of investigation, chargesheet was filed in the Court of learned Judicial Magistrate. As the case was triable by Sessions Court, it was committed to the Sessions Court.
(3.)The trial Court framed charges against the accused persons. The accused persons pleaded not guilty to the charges and claimed to be tried. Therefore, the prosecution produced evidence. Further statements of the accused persons were recorded. The trial Court, after completion of trial, acquitted the accused of the charges levelled against them by the aforesaid judgement. Hence the present appeal.
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