STATE OF GUJARAT Vs. MER RAJA ARSHIBHAI

JUDGEMENT

(1.) THIS Appeal has been filed by the State of Gujarat under section 378 of the Criminal Procedure Code, 1973 against judgment and order of acquittal dated 28.2.1992 passed by the learned Addl. Sessions Judge, Jamnagar in Sessions Case No. 15 of 1991 for offences punishable under sections 302 read with section 34 and section 114 of Indian Penal Code.

(2.) THE facts of the case in brief are that on 11.9.1990 at about 6 p.m. Naga Vinja and Devsi Punja as pillion riders were going towards Nagka Road on a Hero Honda motorcycle driven by Rambhai Bhimabhai Mer. When they reached near Ranpar, a jeep bearing No.1312 coming from opposite direction intentionally tried to collide with the motor cycle which was driven by Rambhai Bhimabhai. Rambhai Bhimabhai though stopped the motor cycle, the bonnet of the said jeep dashed the Motor cycle. The pillion riders managed to get off the motor cycle but the deceased Rambhai Bhimabhai fell down with the motorcycle. Thereupon four people - Raja Alshi, Bhura Raja who was driving the jeep, Vikram Raja and Navghan Punja came out of the jeep holding axes with them and they ran towards Naga Vinja and Devashi Punja. Being frightened, both of them started running away from the place of the incident and stopped for a while to look back and saw that the four accused were simultaneously inflicting axe blows haphazardly upon the deceased Rambhai who was lying near the motor cycle. On seeing this, Naga Vinja and Devashi Punja fled from the scene and from Ranpar village, got in a 'chhakado' rickshaw, went to factory, boarded a truck and went to Porbandar and informed the Babubhai, the complainant and brother of the deceased. Babubhai lodged FIR before Bhanvad police station on 12.9.190 at 0.50 hrs. which was registered as CR.No.114 of 1990 for offences punishable under section 302 read with section 34 and section 114 of Indian Penal Code.

(3.) TO prove the case, after framing the charge, the following prosecution witnesses were examined ­ PW 1 Dr. S V Saparia Exh.10, PW 2 Jeram Premjibhai Exh.13, PW 3 Babubhai Bhimabhai Exh.16, PW 4 Jashudan Bhayjibhai Exh.18, PW 5, Devashi Punja, Exh.22, PW 6 Rajashi Raja, Exh.23, PW 7 Laxmanbhai Jethabhai, Exh.24, PW 8, Lala Viram Exh.25, PW 9 Ramji Bhimaji Exh.27, PW 10 Tulshi Viraji Exh.29, PW 11 Ishmail Jivabhai Exh.31, PW 12 Mustafamiya Jusabmiya Exh.32, PW 13 Bhikhubhai Lakha Exh.51 and PW 14 Popatbhai Muljibhai Patel Exh.52.