STATE OF GUJARAT Vs. MAGANBHAI NARANBHAI

JUDGEMENT

(1.) The appellant-State has preferred the present appeal under Section 378 of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 08th July 1993 passed by the learned Judicial Magistrate First Class, Valsad, in Criminal Case No.6161 of 1986, whereby the learned Magistrate has acquitted the respondents-accused of the charges levelled against them.

(2.) The short facts of the prosecution case is that on 20th July 1986 at about 21.30 hours the respondents-accused had beaten Chotunaran Dholiya Patel. It is the case of the prosecution that the accused No.2 had beaten said Dhotunaran with iron pipe and caused fracture in left leg. It is also the case of the prosecution that accused Nos.1,3 and 4 had also give feast blows to said Chotunaran and also abused the complainant. Therefore, a complaint to the said effect was registered by son of said Chotunara with Valsad Police Station on 21st July 1986.

(3.) Thereafter charge was framed against the respondents-accused and as the respondents-accused have not pleaded guilty, trial was conducted against the respondents-accused. Thereafter, after filing of closing pursis by the prosecution, under Section 313 of the Code of Criminal Procedure, 1973 further statement of respondents-accused were recorded by the learned Judge. In his further statement under Section 313 of the Code of Criminal Procedure, 1973, the respondents have contended that they are totally innocent and have not committed any offence.