STATE OF GUJARAT Vs. KOLI NATHU KESHAV

JUDGEMENT

(1.) THE appellant - State of Gujarat has challenged the judgment and order dated 30.10.1991 rendered in Sessions Case No.28 of 1991 by the learned Additional Sessions Judge, Junagadh, by which, the respondents � accused were acquitted from the charges levelled against them under Section 147, 148, 149 and 302 of the Indian Penal Code and under Section 135 of the Bombay Police Act. 1.1 Respondent No.3 � original accused No.3 has expired during the pendency of appeal and therefore, appeal is abated against him.

(2.) THE case of the prosecution before the trial Court is that; a complaint was lodged by one Jikabhai Kalabhai, PW 4, against the respondents alleging that all the respondents came at the place of incident, which is the house of deceased Meram Kala and attacked with deadly weapon. At that time, Kala Mulu, father of deceased Meram Kala, tried to save his son. The accused persons also attacked with the same deadly weapon on him and pursuant to the injuries, both of them died at the scene of offence.

(3.) HEARD learned advocates appearing for the respective parties.