STATE OF GUJARAT Vs. JADEJAA BALVIRSINH RANSINH

JUDGEMENT

(1.) The present appeal under Section 378 of the Code of Criminal Procedure, 1973, has been filed by the appellant' "State of Gujarat challenging the judgment and order dated 19.1.1994 passed by the Additional Sessions Judge, Jamnagar, in the Sessions Case No. 66 of 1992, by which the respondents' "accused came to be acquitted for the offences punishable under Sections 302, 333, 201 read with Sections 34 and 114 of the Indian Penal Code (for short 'the I.P.C.') as well as Section 135(1) of the Bombay Police Act.

(2.) The case put forward by the prosecution is as under :

(3.) Mr. L.B. Dabhi, learned Additional Public Prosecutor appearing for the appellant' "State of Gujarat, has vehemently submitted that the deceased Jashubha, who was working as a Head Constable, has been brutally killed by the respondents' "accused by using iron pipe. He would submit that in the night hours when the deceased was returning to his home from the Police Station, the respondents' "accused, who were waiting on his way having deadly weapons like pipe in their hands, had attacked and gave intensive blows to the deceased, pursuant to which he succumbed to the injuries. By taking us through the Post-mortem note and the relevant medical certificate, he would submit that there were in all 11 external injuries and 3 internal injuries and severe blow on the head, which resulted into death of the Head Constable Jashubha. By taking us through the deposition of Dr. Harimohan Mangal, PW-1, Exh.-8, he would submit that the doctor had categorically stated that the injuries found on the head of the deceased are possible by hard and blunt substance like pipe, which was discovered during investigation. He, therefore, would submit that the Trial Court has committed error in holding that the circle injuries may not be possible by pipe and would create doubt about use of pipe.