STATE OF GUJARAT Vs. THAKOR LALJI GAMBHARJI

JUDGEMENT

(1.) Criminal Appeal No.701 of 1995 has been preferred by the appellant - State of Gujarat under Sec. 378 of the Criminal Procedure Code , 1973 against the judgment and order dtd. 30/11/1994 passed by the learned Additional Sessions Judge, Banaskantha at Palanpur in Sessions Case No.92 of 1993 acquitting the respondents - original accused Nos.1 to 4 - original accused Nos.1 to 4 from the offence punishable under Sec. 302 , 324 , 325 , 326 , and 114 of Indian Penal Code and 135- A of Bombay Police Act .

(2.) Criminal Revision Application No.493 of 1994 has been filed by the original complainant under sec. 397 read with sec. 401 of the Code of Criminal Procedure challenging the aforesaid judgement and order of acquittal.

(3.) Facts of the case, in brief, are as under:- The complainant lodged the complaint alleging that the respondents - original accused committed offence on 03/11/1992 at village Varnoda, Taluka Deesa when Tejaji Suraji, Vardhaji Suraji and Parkhaji Suraji were installing electric fuse in the line when the respondent No.4 - original accused No.4 Ishwarji Paruji came on the spot and raised quarrel as to why the above three persons closed the main switch and thereupon, original accused Nos.1 to 3 - respondent Nos.1 to 3 herein with a common intention to cause serious injuries to aforesaid three persons joined respondent No.4 when respondent nos.1 to 3 - original accused Nos.1 and 3 were armed with Dhariya and No.2 with stick and caused injuries on the aforesaid three persons. That Talaji Suraji on 4/11/1992 succumbed to the injuries and he died at 2.30 in the night whereupon sec. 302 was added to CR.No.I-142 of 1992.