STATE OF GUJARAT Vs. PATEL KAMLESH NARANBHAI

JUDGEMENT

(1.) ALL these appeals arise out of the common judgment and order dated 22.04.1997 passed by the learned Additional Sessions Judge, Mehsana Camp Patan, in Sessions Case No. 171/1994, whereby, original accused No. 3 has been convicted for the offences punishable u/s. 304 part II of the Indian Penal Code and accused Nos. 1, 2 and 4 have been acquitted of all the charges levelled against them. Criminal Appeal No. 406 of 1997 has been preferred by the original accused No. 3 against the impugned judgment and order, convicting him for the offence punishable u/s. 304 part -II of the IPC and has been sentenced to undergo rigorous imprisonment for a period of five years and fine of Rs. 500/ -, in default of payment of fine, simple imprisonment for a further period of six months.

(2.) THE facts in brief, giving rise to filing of the present appeals are that on 01.06.1994 at about 8:30 pm. the accused had quarreled with one Arvindji Darshrathji regarding flowing of water in agriculture land and suddenly original accused No. 3 had inflicted knife blow on the back side of said Arvindji Darshrathji. Thereafter, said Arvindji was taken to nearby hospital, where he lodged the complaint against the accused persons. He, subsequently, died. In connection with the above incident, a complaint was filed by the complainant.

(3.) SO far as the appeal preferred by the appellant -State being Criminal Appeal No. 428 of 1997, is concerned, it seems that necessary party i.e. original accused Nos. 1, 2 and 4 are not joined as party respondents by the State, therefore, we are of the opinion that it will not be appropriate to allow the State to join the original accused Nos. 1, 2 and 4, at this stage. Even otherwise, at the outset it is required to be noted that the principles which would govern and regulate the hearing of appeal by this Court, against an order of acquittal passed by the trial Court, have been very succinctly explained by the Apex Court in a catena of decisions. In the case of M.S. Narayana Menon @ Mani Vs. State of Kerala & Anr., reported in : (2006) 6 S.C.C. 39, the Apex Court has narrated about the powers of the High Court in appeal against the order of acquittal. In para 54 of the decision, the Apex Court has observed as under: -