STATE OF GUJARAT Vs. BALUBHAI MADHABHAI ZALA

JUDGEMENT

(1.) This appeal by the State of Gujarat is directed against the impugned judgment and order dated 20-3-1984, rendered in Sessions Case No. 25 of 1984, by the learned Additional Sessions Judge, Kheda at Nadiad, wherein the respondent-Balubhai Madhabhai Zala, who came to be tried for the alleged offence punishable under Section 302 of I.P.C., was at the end of the trial ordered to be acquitted.

(2.) According to the prosecution, the accused Balubhai Madhabhai Zala was residing jointly along with his two brothers viz., (1) Udesing Madhahhai (deceased), and (2) Popatbhai Madhahhai, in Village-Parabia. The incident in question wherein Udesing was axed to death by giving him successive blows on his head by the accused, took place in the house itself on 13-11-1984 at 4.00 p.m. This incident is alleged to have been seen by three eyewitnesses viz., (1) Shardaben Udesing (PW-1, Exh-17); (2) Vinuben Popatbhai (PW-3, Exh-19); and (3) Mansing Jenaji (PW-4. Exh-22), who happens to be the Police Patel of village. It is further, the case of the prosecution that on information being received by Mansing Jenaji from some boys of the street that the accused and his brother Udesing were quarrelling in their house, he rushed to the scene of the incident and when he was at the distance of about 20 paces, he saw the accused armed with an axe giving blows to Udesing on the head. According to the Police Patel, both Sharda wife of injured Udesing and Vinuben were present near the injured Udesing. Udesing on receiving the injuries at the hands of the accused immediately fell down profusely bleeding from the head, whereupon Police Patel caught accused Balubhai red-handed and took to 'Chora' (prominent place in the village) where the complaint was noted in the Occurrence Book. Thereafter the accused was taken to Balasinor Police Station, where FIR Exh-25 for the alleged offence under Section 302 of the I-P.C., came to be recorded by PSI P. M. Solanki (PW-5, Exh-24). On the basis of the said FIR, after the investigation was over, the respondent came to be charge-sheeted for the aforesaid alleged offence to stand trial before the Sessions Court at Nadiad.

(3.) At trial, the respondent pleaded not guilty and claimed to be tried, and was ultimately acquitted on the round that the prosecution failed to prove its case beyond doubt, giving rise to the present appeal by the State of Gujarat.