STATE OF GUJARAT Vs. RAGUNATH VIRAMJI MARWADI

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dtd. 30/6/1994 passed by the learned Additional City Sessions Judge, Court No.20, Ahmedabad (hereinafter be referred to as "the Trial Court) in Sessions Case No.295 of 1989, whereby the accused - respondents herein came to be acquitted from the charge of the offences punishable under Ss. 143, 147, 148, 149 r/w. Sec. 307 of the Indian Penal Code (for short "the IPC ") and under Sec. 135(1) r/w. Sec. 120 of Bombay Police Act, the appellant - State of Gujarat has preferred present criminal appeal under Sec. 378 of the Code of Criminal Procedure, 1973 (for short "the Code").

(2.) Briefly stated that on 2/9/1987 at about 1.15 p.m. in the open place near Samteshwar Temple situated Near Law Garden, Ahmedabad, the accused along with other persons formed unlawful assembly with a common object to kill Mohanji Ganeshji, the complainant and further common object of the above assembly, accused Nos.1 and 2 were armed with iron pipes, accused Bhavarlal Ragunath, who died subsequently, armed with razor and used force and accused No.1 inflicted a blow with iron pipe on the back of Mohanji Ganeshji and accused No.2 inflicted pipe blows on the head of Mohanji Ganeshji and deceased Bhavarlal Ragunath had inflicted a blow by a razor on the face of Mohanji Ganeshji, as a result of which said Mohanji Ganeshji sustained injuries.

(3.) During the course of the trial, accused Bhavarlal Ragunath was expired on 18/4/1994 and the trial qua accused Bhavarlal Ragunath came to be abated.