STATE OF GUJARAT Vs. LAKHDHIR RAMSHI AND ORS

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 15.06.2004 passed by the Additional Sessions Judge, Jamnagar in Sessions Case No. 82 of 1996 whereby the accused have been acquitted of the charges leveled against them under sections 147, 148, 307, 323, 324 read with section 149 of Indian Penal Code and section 135(1) of B.P. Act.

(2.) THE facts in brief as per the prosecution are that on 04.01.1996 at about 05.00 to 05.30 pm, while the complainant - Gova Ala was attending an obsequial ceremony, he was informed that the complainant's son Jiva was being attacked by Meraman Devshi, Rama Devshi, Dharmendra Devshi and others by way of sticks, pipe, knife etc. Kara Gova, son of the complainant rushed to the scene of offence on hearing this. He therefore along with another accomplice Malde Kana ran to the scene of offence and saw the complainant's son Jiva and Kara and also the assailant Dharmendra in injured state. The complainant intervened but Rama Devshi gave a dhoka ( wooden bat used for washing clothes) blow on the head of the complainant and Malde was beaten on his back. The complainant's son was assaulted on his head and was bleeding. It is the case of the prosecution that the cause of dispute was that during the panchayat election, the complainant's son was not allowed to file his candidature against one Dhanabhai.

(3.) MS . Chetna M. Shah, learned APP appearing for the appellant -State has submitted that the trial court committed an error in releasing the respondents accused. It was contended by Ms. Shah, that the judgement and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondents. Learned APP has also taken this court through the oral as well as the entire documentary evidence.