STATE OF GUJARAT Vs. SAIYED ABBASBHAI, ASBABHAI AHMEDBHAI

JUDGEMENT

(1.) PRESENT Criminal Appeals under Sec. 378 of the Code of Criminal Procedure, 1973 being Criminal Appeal No. 443 of 1988 arising out of Sessions Case No. 59 of 1987 (main appeal) and Criminal Appeal No. 446 of 1988, arising out of Sessions Case No. 142 of 1987, have been filed by the State of Gujarat being aggrieved by the decisions dated 3rd March, 1988, rendered by the learned Additional Sessions Judge, Mehsana (hereinafter 'learned Sessions Judge' for brevity), in above referred Sessions Cases, whereby, the learned Sessions Judge was pleased to acquit all the accused of both the Sessions Cases of all charges.

(2.) BRIEF facts of the case related to Criminal Appeal No. 443 of 1988 are that the, the accused have prosecuted for the offences punishable under Secs. 302, 325 and 323 read with Sec. 34 of the Indian Penal Code (I.P.C ). On 28th January, 1987, in the sim of Village: Nandasan, Taluka: Kadi, the Complainant: Mahemudbhai Gulamali along with his uncle - deceased Roshanali Chhotumiya and his wife Bibalbibi had gone to the fields in the morning. After working there for the day, they were returning to the village in the afternoon and at about 4 -30, they stopped on the way side bore of one Kapadiya to water their buffalo. At that time, accused No. 1 -Abbasbhai came there with his buffaloes also to water them. As the water was not sufficient to meet with the requirement of all the buffaloes, deceased -Roshanali asked Abbasbhai to water his buffaloes at some other place. It is the case of the prosecution that Abbasbhai abused deceased - Roshanali and went away, taking his buffaloes with him. After some time, deceased and the complainant along with Bibalbibi were going to the village along the 'Neliya' going from Nandasan to Mathasur. On the way near the field of one Lalbhai, accused No. 1 -Abbasbhai along with three others, met them and the accused assaulted deceased -Roshanali with stick. Roshanali fell down. The complainant -Gulamali intervened and he was also given stick blows. Bibalbibi also given stick blows and injured. One Suleman, who was related to Roshanali, came there and the accused went away. The injured went to Kadi Hospital for treatment and there they lodged a complaint with Police, late in the evening. The injured were admitted in Kadi Hospital for treatment. Subsequently, as the condition of deceased deteriorated, he was shifted to Ahmedabad Civil Hospital, where he passed away on 29th January 1987.

(3.) LEARNED Additional Public Prosecutor Mr. L. R. Pujari for the appellant -State drawn our attention to the judgment and order, passed in Sessions Case Nos. 59 of 1987 and Sessions Case No. 142 of 1987, impugned in these appeals and also drawn our attention to the deposition of the complainant as well as the eye -witness and submitted that the judgment and order of acquittal, passed by the learned trial Court is contrary to law and evidence on record inasmuch as, the oral and documentary evidence have not been properly appreciated. Therefore, according to the learned Additional Public Prosecutor, the chain of evidence, implicating the accused of Criminal Appeal No. 443 of 1988 (in Sessions Case Nos. 59 of 1987) towards his guilt, is complete and the appeals against the order of acquittal deserve consideration and acceptance and the appeals be allowed.