AMARSING RUPSING MAHIDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Aggrieved by the conviction under Section 302 IPC read with 504 IPC and the sentence of imprisonment for life the appellants have preferred these appeals.

(2.) The case of the prosecution is that on 11.08.2002 in the evening at about 7.00 p.m. Amarsing Rupsing,Danaben Amarsing, Lilaben Amarsing and Akbarbhai Amarsing came and started quarrelling with complainant's father-Bhikabhai. Accused No.1-Amarsing Rupsing gave 'Pavda blow' on the head and other accused gave fist blows to the father of the complaiant-Bhikabhai and at that time his elder brother intervened and they were also abused. Subsequently complainant's father succumbed to injuries. Law was set in motion by complainant (PW1).

(3.) To substantiate the charges against the accused prosecution has examined PW1 complainant-Takhatsingh Bhikhabhai Mahida and PW2 Chhatrasingh Bhikhabhai. When they were examined on 09.08.2004, both PWs 1 and 2 who are the eyewitnesses had fully supported the prosecution case. But when they were recalled and cross-examined and on 19.11.2004, PWs 1 and 2 gave entirely contradictory version and they have changed the version than the one which they had already deposed before the Court on 9.8.2004. The trial court acquitted the appellants by observing that the statement of witnesses (PW1 and PW2) is inconsistent and their evidence is not reliable.