STATE OF GUJARAT Vs. DHARMENDRASINH

JUDGEMENT

(1.) This appeal under Sec. 378 of the Code of Criminal Procedure, 1973 is filed by the State challenging the judgment and order of acquittal passed by Additional Sessions Judge, Panchmahal at Godhra dtd. 14/2/1996 in Sessions Case No. 196 of 1993, whereby total 16 accused were prosecuted and came to be acquitted by the Court. There were in all 17 accused against whom charge came to be framed. However, accused No. 8 - Shankarlal Raghabhai Valand died pending trial, and therefore, case against him stood abated. That is how this present appeal came to be filed against 16 named accused.

(2.) While hearing this appeal for admission, this appeal was not pressed against lady accused being respondent Nos. 8 - 13, which came to be dismissed qua them. During pendency of the aforesaid appeal, respondent Nos. 4, 6 and 7 died, and therefore, this appeal against them stood abated. For the remaining accused Nos. 1, 2, 14, 15 and 16, Mr. K.B. Anandjiwala, Senior advocate, learned Counsel appeared. Mr. D.H. Rahevar, learned advocate represents respondent Nos. 3 and 5.

(3.) As per the case of prosecution, on 10/9/1992, at about 7:00 p.m., while first-informant - Sarojben Atulkumar Pandya was sitting outside her house at Brahman Faliya, accused Dharmendrasinh Thakor and others armed with sticks, stones, crowbar and hurling abuses shouted to remove first-informant out of the village, and therefore, she locked herself inside her house. It is the case of the prosecution that accused Dharmendrasinh Thakor - A1 broke open the door with crowbar and rest of them pushed in and entered her house illegally and gave stick blows on her head. A4 - Kantilal threw stones at her and abused her too. Thereafter, according to the case of prosecution, other accused went to the rear door of the house and they broke opened it and entered the house and ransacked it, causing damage to the property to the tune of Rs.20,000.00. While running away, they threatened the first- informant of dire consequences.