STATE OF GUJARAT Vs. DAJIBHAI

JUDGEMENT

(1.) The instant appeal filed under the provisions of Sec. 378(1) of the Code of Criminal Procedure, 1973, arises from the judgment and order dtd. 10/1/2002 passed by the learned Additional Sessions Judge, Panchmahals at Godhra, in Sessions Case No.94 of 2001, acquitting the respondent-accused for the offences punishable under Ss. 143, 144, 147, 148, 504, 302, 307, 323, 324, 506(2) read with Sec. 149 of the Indian Penal Code.

(2.) The case of the prosecution in short is that on 4 th February 2001, the respondents-accused nos.1 to 6 formed an unlawful assembly with a common object to commit the offence for getting share in the property and they were armed with sticks, bow and arrows, iron pipes, etc. As per the case of the prosecution and as per the charge Exh.2, the accused Ratilal gave a stick blow on the head of the deceased Maneklal, who is the bother of the complainant (PW1), the accused Dajibhai aimed an arrow at Maneklal, which struck on the wrist of deceased, the accused Gulabbhai Dajibhai gave a blow with iron pipe on the right hand of the deceased, the accused Amarsinh Dajibhai gave stick blows on the head of the deceased. It is further alleged that Ramilaben, her mother and her elder sister-in-law Surajben had intervened.

(3.) After the investigation, the accused persons were charged and accordingly they were tried for the offences for which they were charged. The trial court, after examining 15 witnesses and also documentary evidence, acquitted the respondents-accused.