STATE OF GUJARAT Vs. SALIM @ JINGO HUSAINBHAI MIYANA

JUDGEMENT

(1.) BY way of the present appeal under Section 378 of the Code of Criminal Procedure, 1973, the appellant State has challenged the judgement and order of acquittal dated 17.4.1993 passed by learned Additional Sessions Judge, Mehsana, in Sessions Case No. 110 of 1992 whereby the trial Court acquitted the accused of the offences punishable under Sections 302, 324, 141, 143 and 149 read with Section 34 of the Indian Penal Code by giving benefit of doubt.

(2.) THE brief facts of the prosecution case are that on 3.12.1991 at about 2 O'clock in the afternoon near New Babul Pan Centre at Haidari Chowk of Mehsana District, the accused in company of other persons formed an unlawful assembly with an intention to commit murder of Rafik and in furtherance of that the accused and other persons were armed with weapons like scythe, knife, dagger etc. Though the intention of the accused in forming unlawful assembly was to kill Rafik, accused No. 1 gave blow with dhariya on the head of Farid and therefore he fell down there in bloody and unconscious condition. He was taken to Civil Hospital, Ahmedabad where the Doctor declared him dead. The complainant, therefore, filed a complaint. On the basis of the said complaint, offence as aforesaid was filed against the accused persons. Thereafter, the accused were arrested. Investigation was carried out. After completing investigation, charge sheet was filed against the accused before learned Chief Judicial Magistrate, Mehsana. As the case was exclusively triable by the Court of Sessions, it was committed to the Sessions Court at Mehsana. Moreover, cross case was filed against the witnesses of the prosecution on the basis of the complaint given by accused Hasinaben which was also committed to the Sessions Court, Mehsana.

(3.) LEARNED A.P.P. Mr. Raval for the appellant State has contended that in order to prove the case against the accused persons, the prosecution has examined the following witnesses: <FRM>JUDGEMENT_118_LAWS(GJH)9_20131.html</FRM>