STATE OF GUJARAT Vs. THAKARDA MAFAJI TALAJI

JUDGEMENT

(1.) This is an appeal from an order of acquittal passed by the learned Sessions judge Mehsana in sessions case No. 21 of 1977 on 26th May 1977 wherein 26 accused persons stood their trial for the offences under secs. 302 read with sec. 149 or in the alternative under secs. 149 323 and sec. 323 read with sec. 149 I. P. C. and sec. 135 of the Bombay Police Act as also secs. 143 144 147 148 452 427 and 427 read with sec. 149 332 332 read with sec. 149 I. P. C. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...

(2.) Mr. Chhaya the learned Public Prosecutor appearing for the State has taken us through the voluminous evidence on record and he has submitted that in view of the cogent reliable and consistent evidence showing that accused Nos. 1 2 and 8 had caused injuries to deceased Manaj by means of Dharia (accused No. 1) and swords (accused\Nos. 2 and 8) the learned sessions Judge ought to have atleast convicted the said three accused for the offence under sec. 302 read with sec. 34 or with 114 of the Indian Penal Code even if the story with regard to the formation of the unlawful assembly with the common object of committing murders of Manaji and others is not believable.

(3.) Mr. Chhaya drew our particular attention to the fact that so far as the injury by means of Dharia alleged tn have been inflicted by accused No. 1 on the deceased is concerned as many as five prosecution witnesses who are themselves injured during the course of the incident deposed to the same and there is medical evidence showing that the injury which could be caused by a sharp cutting instrument like a Dharia was there on the person of the deceased. The witnesses referred to are Karasnji p. w. 2; Somaji p. w. 3; Parbatiji p. w. 5; Mangaji p. w. 12 and Rupaji p. w. 4. Similarly further submits Mr. Chhaya with regard to the injury alleged to have been caused by accused No. 2 by means of a sword on the deceased the said five witness also deposed to that effect and the same also is the position with regard to the assault alleged to have been caused by means of sword by accused No. 8 on the person of the deceased.