RAJPUT RUDA MEHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is preferred by the three accused in Sessions Case No. 46 of 1976 against their conviction and sentence imposed upon them by the High Court under the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970.

(2.) The three appellants were tried by the Sessions Judge for committing offences punishable under Ss. 302 / 120-B / 323 / 324 read with Ss. 34 and 109 of the I.P.C. for committing the murder of one Karsan Kala on 19-1-1976. The learned Sessions Judge acquitted all the three appellants of the charges levelled against them. The State of Gujarat filed an appeal against the order of Sessions Judge acquitting them, to the High Court of Gujarat. A Division Bench of the High Court in Criminal Appeal No. 110 / 77 allowed the appeal of the State and reversed the order of acquittal by the learned Sessions Judge and convicted them for offences under S. 302/120-B and sentenced them to imprisonment for life. They were also convicted for lesser offences and sentenced to varying terms of imprisonment.

(3.) The prosecution strongly relied on the evidence of three eye-witnesses Rata Mala, Ganesh and Ruda, Rata Mala was an injured eye-witness having received several incised injuries. The evidence of Ruda was not accepted. The complainant Savai Kala, the brother of the deceased saw the latter part of the occurrence when the deceased was being carried away the accused. When Savai Kala questioned, the accused attacked him and he was also injured. The High Court in an elaborate judgment after thoroughly scrutinising the evidence of the eye-witnesses accepted their testimony. It observed that the evidence of the eye-witnesses Rata Mala is most reliable and trustworthy and so also the evidence of Ganesh. The High Court has referred to the circumstances under which the order of acquittal could be interfered with in the light of the various decisions of this Court. The High Court taking into consideration the reasons given by the Sessions Judge for not accepting the testimony of the eye-witnesses found them to be totally unacceptable. We have been taken through the evidence of the material witnesses. We have no hesitation in agreeing with the conclusion arrived at by the High Court that the reasons given by the trial Court for acquitting the accused are totally unacceptable. After hearing the learned counsel and examining the petition of appeal and after going through the relevant parts of the judgment of the High Court and the Sessions Court, we find that there are no sufficient grounds of interference. The appeal is summarily dismissed under S. 384 of the Cr. P. C.