STATE OF GUJARAT Vs. BHAKU KHODA KHANT

JUDGEMENT

(1.) Being aggrieved and dissatisfied with the judgment and order, dtd.: 6/6/1994, passed by the learned Additional Sessions Judge, Gondal ('trial Court', hereinafter), in Session Case No. 64 of 1990, whereby, the trial Court acquitted the original accused Nos. 1 to 5 of the charge of commission of the offence punishable under Ss. 147 , 148 , 149 , 302 , 307 , 326 and 323 of the Indian Penal Code, 1860 (in brief, ' IPC '), and Ss. 37(1) and 135 of the Bombay Police Act, 1951, the appellant-State has preferred the present appeal.

(2.) At the outset, it may be noted that during the pendency of this appeal, original accused No.2- appellant No.2 passed away and therefore, this appeal survives qua original accused-appellant Nos. 1, 3, 4 and 5 only.

(3.) The brief facts of the prosecution, as was unfurled before the trial Court, reads thus; Kanjibhai Veljibhai Khant-PW-16, who happens to be the real brother of the deceased-Govind Veljibhai, lodged a complaint with Gondal Police Station on 20/5/1990, wherein, he stated that they are total three brothers. It is stated in the complaint that for agricultural purpose the deceased-Govindbhai had made an application for grant of the land of the village, which had submerged due to Bhadar Dam. Pursuant to such application, the deceased-Govindbhai was allotted about three acres of land, before about twelve days from the date of alleged incident, for agricultural purpose.