STATE OF GUJARAT Vs. AYAR KALUBHAI KANABHAI

JUDGEMENT

(1.) The appellant - State has preferred present appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for short) challenging the judgment and order of acquittal dtd. 21/8/1996 rendered by the learned Additional Sessions Judge, Bhavnagar (Camp at Mahuva) in Sessions Case No.17 of 1996, wherein trial court has acquitted the respondents accused from the charges levelled against them for the offences punishable under Ss. 447, 302 read with Sec. 34 etc. of Indian Penal Code and Sec. 135 of the G.P. Act.

(2.) The brief case of the prosecution is as under:

(3.) The incident took place on 17/8/1995 for which FIR came to be registered on 18/8/1995 by one Gatubha Ukubha Garasiya, resident of Bordi Taluka before the Talaja Police Station, wherein he has stated that on 17/8/1995 when he was at the house of Lakha Jivan Koli for attending 'Bhajan' at 11.30 p.m., at that time Ghanshyamsinh-P.W.6 came near him and informed him that at his Wadi, someone came and beaten up his brother Bhojubha Ukubha (deceased) and have went away. Therefore, the complainant along with Dhanhubha Banubha, Jarubha Dhirubha, Mithubha Samatsang, Hatubha Jorsang and others ran towards the Wadi of the Gatubha.