STATE OF GUJARAT Vs. BHIKHABHAI BALUBHAI BARIA

JUDGEMENT

(1.) The appellant - State has challenged the impugned judgment and order dated 25.4.1996 passed in Sessions Case No.209 of 1994 by the learned Additional Sessions Judge, Vadodara, acquitting all the accused (respondents herein) from the charges levelled against them under Sections 302, 34 and 504 of the Indian Penal Code.

(2.) It is the case of the prosecution that there was some dispute between deceased Rasulkha Ijjatkha Pathan and original accused No.1 Bhikhabhai Balubhai Bariya for the land bearing Survey No.276 and, therefore, deceased Rasulkha Pathan was harassing accused No.1 by making several applications and also threatened the accused No.1. Due to the dispute, on 19.1.1994 when the deceased Rasulkha Pathan engaged labourer to pick up the cotton from the land bearing Survey No.276 at Village : Vajiriya, Taluka : Tilakvada, Dist. Vadodara, the fact regarding this picking up cotton came to the knowledge of the original accused Bhikhabhai Balubhai, Maganbhai Somabhai, Sanabhai Nathabhai and Vinod @ Fulabhai. They went to the place of offence at about 10:00 a.m. and at that time the accused No.1 and 2 inflicted blow of stick upon the deceased Rasulkha Pathan intentionally and thereby Rasulkha Pathan died, whereas original accused Nos.3 and 4 abused Rasulkha Pathan and also abetted the offence. In this regard, Husenkha Mehbubkha Pathan lodged complain in the Tilakvada Police Station before PSI R. L. Rathva and the offence was registered. Thereafter Shri Rathva investigated the offence, arrested the accused, muddamal weapons had been recovered from the accused and thereafter there was sufficient evidence, hence placed the charge-sheet before the Judicial Magistrate First Class.

(3.) As the offence was under Section 302 etc., of the Indian Penal Code and, therefore, the Sessions Court had exclusive jurisdiction to try the case and, therefore, the Judicial Magistrate First Class committed the case under Section 209 of the Criminal Procedure Code to the Sessions Court. Thereafter the Sessions Court framed the charge under Sections 302, 34 and 504 of the Indian Penal Code against all the four accused on 6.2.1996 at Ex.6 and the accused denied the charges against them and prayed for trial and, therefore, the trial began.