STATE OF GUJARAT Vs. BHULIYABHAI RAMABHAI

JUDGEMENT

(1.) This is an appeal under Sec. 378(1) of the Criminal Procedure Code, 1973 ( for short "Cr.P.C.) filed by the State of Gujarat, challenging judgment Ex.40 dated 5th September, 1992 rendered by the Judicial Magistrate, First Class, ( Mr. V.J.Mehta), Umargam (who will be referred to hereinafter as the learned Magistrate) in Criminal Case No. 1944 of 1988 which was on his file. Here in this appeal, appellant -the State of Gujarat, was the Prosecution and respondents were the accused. For the sake of convenience, parties will be referred to hereinafter as the complainant and accused respectively.

(2.) The facts leading to this Criminal Appeal, in a nutshell, are as follows:-

(3.) On or about 3rd July, 1988 at about 3-00 p.m., complainant was doing a work relating to making of fence in his field, and at that time, accused no.1 Bhuliyabhai told complainant that if he (complainant) would claim for his share in the agricultural land, he (accused No.1) would kill him (complainant), and he would cut him into three pieces. After giving such threats, accused no.1 left that place. Thereafter, the complainant went to his home and at about 4-00 p.m. complainant, by driving his motor cycle, went to village Pali -Karmbali to purchase fertilizer. From that village Karmbali, he purchased one bag of fertilizer, and when he came to Rayani Falia in village Pali, he put down that bag of fertilizer from the motor cycle, and at that place, complainant's friend Magan Radaka Varli (P.W.9 Ex.35) who was standing there at that time, asked complainant to give him a lift on motor cycle as he wanted to go to his house. Therefore, the complainant gave a lift to Magan Radaka by allowing him to sit on the seat of pillion rider of Motor Cycle, and when they both were coming to the village of the complainant, and when they were about to reach near the school, near Falia of complainant, at about 6-00 p.m. accused no.1 Bhuliyabhai raised his hand giving signal to complainant to halt his motor cycle. Therefore, the complainant halted his motor cycle there where Bhuliyabhai was standing on the road. Magan radaka alighted from the motor cycle, and complainant was about to alight from the motor cycle, but in the mean while, accused no.1 inflicted two to three blows of blades of axe on left portion of the chest near the ribs of the complainant. As it was a sudden attack, the complainant fell down on road and at that time, one Arjun Nana (accused No.2) inflicted two to three blows of iron-rod on left leg just below the knee portion, as a result of which the complainant sustained fracture injuries, and he was bleeding. It is further the case of the complainant that Puna Manchhu (accused no.3) inflicted the blows of "Kosh" of plough on both the thies of the complainant. At that time, Sandesh Bhikhu (accused No.4) caused injury on the shoulder of the complainant with the help of iron-rod. All the four accused, by utterring filthy language, gave abuses to the complainant, and thereafter, they had gone away from that place. At that time, Magan Radaka, Kanti Devu (P.W.8) and Raman Ganda (P.W.7) were present there. Thereafter his son Rajendra, complainant's daughter-in-law Pushpa and complainant's wife all rushed to the place of incident, and they all took injured complainant first to their house, and thereafer, in the night time, they brought coplainant, by Rickshaw, to Government dispensary of village Bhilad. It appears from the record tat when complainant was in the hospital, one unarmed Police Constable of Bhilad Out Post, recorded the complaint of complainant at 9-45 p.m. That complaint was sent for registration to Umargam Plice Station, where complainant's complaint was registered at 00-35 hours in the night as CR.No. I 105/88 for offences punishable under Secs. 325-504-506-114 of the Indian Penal Code. Thereafter, the crime of CR.No.I 105/88 was investigated by Senior P.S.I., Umargam, and ultimately he chargesheeted the case against all the accused persons in the Court of the learned Magistrate.