STATE OF GUJARAT Vs. THAKARDA BHUPATJI DHAMAJI

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 22nd October, 1992 passed by the learned Additional Sessions Judge, Mehsana, in Sessions Case No.199 of 1991, whereby the learned Additional Sessions Judge was pleased to acquit the respondents-original accused of the charges levelled against them.

(2.) THE case of the prosecution is that on 11th May, 1991 at about 11.00 hours in village Islampur, Taluka Sami, the accused persons assembled unlawfully with common motive to commit murder of Karmashi Mohanji and Bachuji Laghuji and also to give injury to the witnesses. THE accused persons were in possession of deadly weapons like Dhariya, Scissor, Barchi, etc. It is the case of the prosecution that accused No.3 had given Dhariya blow on forehead of Karmashi Mohanji. It is also the case of the prosecution that accused No.5 had given Dhariya blow on the head of Bachuji Laghuji. THE accused No.1 had given stick blow on the back side of Laghuji. THE accused No.5 had given Dhariya blow on the head of Bachuji Laghuji. THE accused No.4 had given scissor blow on the back side of Kantiji and had also given Barchi blow to Shamaji Vaghaji. It is the case of the prosecution that the accused No.2 had given stick blow to Khengarji on both the shoulders. It is the case of the prosecution that the accused No.1 had given scissor blow on the head of Manuji Mohanji. It is the case of the prosecution that the accused persons had formed unlawful assembly to commit offence for their common object. THEreafter, all the injured persons were admitted in hospital at Sami, but as the doctor was not available at Sami, all the injured persons were admitted in the hospital at Harij. THE complaint was lodged by Laghuji Bhanaji in the hospital to Head Constable of Harij Police Station. THEreafter, as the incident had happened under the area of Sami Police Station, complaint was transferred to Sami Police Station.

(3.) IN order to bring home the charges against the accused persons, prosecution has examined in all 15 witnesses and also produced documentary evidence.