STATE OF GUJARAT Vs. ALI DAUD MAJOTHI

JUDGEMENT

(1.) THE appellant -State of Gujarat, has preferred this Appeal under Section 378 of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 06th March 1993 passed by the learned Assistant Sessions Judge, Jamnagar in Sessions Case No. 55 of 1989, whereby the learned Judge has acquitted the respondents -accused of the charges levelled against them.

(2.) THE short facts of the prosecution case is that on 28th July 1989 the Head Constable Indasinh Jethwa was In -charge Police Station Officer of Police Station from 20:00 hours. At that time, at 20:10 hours, Medical Officer of Khambhaliya Samuhik Arogya Kendra telephoned him and told that Savtara Manji Karshan, residing at Belavadi, Khambhaliya, was beaten. It is also the case of the prosecution that the said fact was noted in the Station Diary. It is the case of the prosecution that at that point of time, father of injured Manji Karshan came in the police station to lodge the complaint. As per the case of Karshan Rana, father of injured Manji Rana, on 28th July 1989 in the evening at 19:00 hours, he along with his one son and wife, was at home. His other son is out to feed the cattle and his third son was in the field. It is also the case of the prosecution that at that time, buffalos came in the field, Manji went to Dawood Ali to ask him to take his buffalos from his field. Hearing this, three sons of Dawood Ali abused Manji. The Youngest son of Dawood Ali gave an axe blow on the head of Manji. When Manji shouted why he was beaten, they ran away. It is also the case of the prosecution that when father of Manji and Madhavji went there, Manji was bleeding and told that younger brother of Abla had given him axe blow. Manji was taken to hospital for necessary treatment and thereafter, Karshan Rana, father of Manji, went to police station to lodge complaint. Therefore, for the said offences, the complainant had filed the complainant against the accused. The accused were charge -sheeted in the court of learned Judicial Magistrate, Jamnagar.

(3.) THEREAFTER the trial was conducted before the learned Magistrate. To prove the case of the prosecution, prosecution has produced oral as well as documentary evidence. After considering the oral as well as documentary evidence, the learned Judge has acquitted the respondents -accused from the charges alleged against them by the judgment and order dated 06th March 1993.