STATE OF GUJARAT Vs. CHAUDHARI VIPULKUMAR MANSINHBHAI

JUDGEMENT

(1.) THE present appeal, filed under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 17th November, 1992 passed by the learned Sessions Judge, Mehsana, in Criminal Appeal No.43 of 1992, whereby the learned Sessions Judge has set aside the judgment and order of conviction and sentence dated 20th June, 1992 passed by the learned Chief Judicial Magistrate Mehsana, in Criminal Case No.1673 of 1990 and acquitted the respondents-original accused from the charges levelled against them.

(2.) THE short facts of the prosecution case is that on 13th January, 1990 at about 23.00 hours, the accused No.1 by deception took the injured witness Shankerbhai Bababhai Chaudhari from his residence and took him to Rajkamal Petrol Pump and thereafter both the accused persons assaulted on the injured and gave blows of iron pipe and iron bar on the hand, leg and on the head of the injured witness-Shankerbhai Chaudhari and thereby caused grievous injuries. THEreafter, both the accused persons threw the injured witness near the entrance of his society. It is the case of the prosecution that the complainant-brother of the injured Shankerbhai Chaudhari had seen the accused No.1 taking away his brother. THE complainant had worried about his brother as to why his brother has not returned to house though it was late in the night and came near the gate of society where he show his brother, who was seriously injured. THEreafter, the complainant informed his neighbours and took the injured Shankerbhai to the hospital of Dr.G.K. Patel, who had examined the injured and also gave him primary treatment. THEreafter, the injured person was shifted to the Civil Hospital, Mehsana at about 3.40 hours and he was advised further treatment at the Civil Hospital, Ahmedabad, but the injured-Shankerbhai Chaudhari had chosen to take treatment with Dr.G.K. Patel, Mehsana and therefore, he was admitted as indoor patient at the hospital of Dr.G.K. Patel, Mehsana. It is further the case of the prosecution that on 14th January, 1990 at about 06.00 hours complaint came to be filed with Mehsana City Police Station by the complainant-brother of the injured-Shankerbhai Bababhai Chaudhari.

(3.) TO bring home the charge levelled against the accused persons, prosecution has examined witness and also relied upon documentary evidence in support of its case.