STATE OF GUJARAT Vs. NAJABHAI BHANABHAI @ DEVAYATBHAIDER

JUDGEMENT

(1.) The present appellant-State has preferred this appeal under sec. 378 of the Code of Criminal Procedure, against the judgment and order dated 28.4.2005 passed by the learned 5th Fast Track Court Judge, Gondal in Sessions Case No. 117/2000, whereby, the learned trial Judge has acquitted the respondents of the charges leveled against them.

(2.) 2.1 The brief facts of the prosecution case is that on 15.8.2000 at about 7.30pm to 8.00pm, when complainant was to take supper, at that time, Chandrasinh son of his younger brother and Kumar son of his cousin brother had gone to village for engaging labourers. Thereafter, at about 8.00pm, one Kanjibhai had informed the complainant that two persons of your family are lying near the shop of Vaju Kanji. Therefore, complainant, his cousin brother Natubhai, Chandubhai and Ravjibhai went to the shop of Vaju Kanji where they found Chandrasinh son of his younger brother and Kumar son of his cousin brother son of his younger brother and Kumar son of his cousin brother in injured condition in the street opposite to the said shop. At that time, wife of one Ranjitbhai and other women who were present there, had informed the complainant that present respondents have assaulted the Chandrasinh and Kumar with deadly weapons like sword, dhariya,Axe and went away. Thereafter, both the injured persons were taken to the Government Hospital, at Jetpur, in the meantime, Chandrasinh had died and since Kumar was serious, he was taken to Rajkot hospital.

(3.) 3.1 After considering the oral as well as documentary evidence and after hearing the parties, learned trial Judge vide impugned judgment and order dated 28.4.2005 acquitted the present respondents- original accused no. 2,3 and 5 to of the charge levelled against them.