STATE OF GUJARAT Vs. ABDUL MOHMMAD BADA

JUDGEMENT

(1.) THE present appeal, under Section 378(1)(3) of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 28.02.2002 passed by the learned Judicial Magistrate, First Class, Jambusar, in Criminal Case No. 1802 of 1993, whereby the respondents - accused have been acquitted of the charges leveled against them.

(2.) THE brief facts of the prosecution case are that on 24/6/1993 at 7.30 hours, because of the dispute regarding the land, the accused after forming an unlawful assembly armed with deadly weapons entered the land of the complainant with common intention of causing grievous hurt to the complainant and witnesses. It is alleged that the accused shouted "beat and cut". Thereafter all the accused attacked on the complainant and the witnesses and caused injuries with deadly weapons. Therefore, the complaint for the offences under Sections 147, 148, 149, 326, 325, 323 of I.P. Code, under Section 25(c) of the Arms Act and also under Section 135 of the Bombay Police Act has been lodged against the accused respondent with Kavi Police Station.

(3.) THEREAFTER , necessary investigation was carried out and statements of witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, charge -sheet was filed against them before the court and thereafter the trial was initiated against the respondents.