STATE OF GUJARAT Vs. KHASIA GABHA BHUPAT

JUDGEMENT

(1.) The State of Gujarat has preferred this appeal against the order of acquittal recorded by the learned District and Sessions Judge, Bhavnagar at the conclusion of the trial of Sessions Case No. 39 of 1985. The respondents are original accused charge-sheeted and tried by the Sessions Judge of the offences punishable under Secs. 302, 303 and 324 read with Sec. 34 of the Indian Penal Code.

(2.) For the sake of brevity and convenience, we have referred the respondents as "accused" and the witness examined by the prosecution as "P.Ws".

(3.) The prosecution case, in short, is that on 27-10-1984 at about 8-00 p.m. when deceased Shivubhai Bhupatbhai was passing through the shop of P.W. Jayantibhai located near a chowk, he dashed with P.W. Dipubhai Merubhai. This dashing of P.W. Dipu Meru and deceased Shivu Meru had resulted into a hot exchange of words and a scuffle. At that time, the accused came running to the spot of incident with deadly weapons like spear, axe and knife and gave blow to P.W. Dipu Meru, Visu Meru and his father Meru Hamir. All these 3 persons sustained injuries but P.W. Meru Hamir died after some time when he was undergoing treatment in the Civil Hospital at Bhavnagar. The accused are real brothers of deceased Shivubhai Bhupatbhai. This Shivu Bhupatbhai was also named as an accused by the prosecution initially but on challan filed by the Investigating Agency under Sec. 173 of the Criminal Procedure Code, it is clear that this Shivu Bhupatbhai had died immediately on the next day of the incident i.e. 28-10-1984. The learned trial Judge after hearing the parties and considering the evidence laid by the prosecution, oral as well as documentary acquitted the accused by the impugned judgment dated 20-5-1985.