LAWS(GJH)-2015-8-168

STATE OF GUJARAT Vs. DURLABHGAR BHAVNAGAR & 2

Decided On August 26, 2015
STATE OF GUJARAT Appellant
V/S
Durlabhgar Bhavnagar And 2 Respondents

JUDGEMENT

(1.) The present appeal is filed by the appellant-State under section 378 of the Code of Criminal Procedure, 1973 being aggrieved and dissatisfied with the judgment and order dated 6-5-1994 passed by the learned Sessions Judge, Junagadh, in Sessions Case No.94 of 1993 whereby the respondentsoriginal accused were acquitted of the charges levelled against them. Pursuant to office submission, vide order 17-4- 1995 passed by this Court, appeal qua respondent-original accused No.1-Durlabhgar Bhavangar had been abated as he had expired.

(2.) Short facts of the case are that the deceased, Mohangar, complainant Nagargar and the accused No.1 Durlabhgar are real brothers. Land of the complainant and deceased are situated adjacent to each other. On 15-11-1992 at about 2.30 p.m. when they were working in the field, the accused No.2-Pratapgar Durlabhgar came there and abused them and hence, the complainant intervened and accused No.2 went back. Soon thereafter, the accused No.2 came with his father, accused No.1 and his cousin brother, accused No.3 and accused No.3 caught-hold the deceased, accused No.1 inflicted blow with knife and accused No.2 inflicted blow with pick-axe. When the complainant reached the scene of offence, the accused ran away. The deceased thereafter succumbed to the injuries. A complaint was therefore filed by the complainant against the accused for the offences punishable under sections 302 and 34 of IPC and section 135 of Bombay Police Act before Junagadh Police Station being C.R.No.I-78 of 1992. In pursuance of said complaint, investigation started and as there appeared prima facie case against the accused persons, a charge sheet was filed against them. Thereafter charge was framed against the accused. The charge was read over and explained to the accused. The accused pleaded not guilty to the charge and claimed to be tried.

(3.) Heard learned Additional Public Prosecutor, Mr.L.R.Pujari for the appellant-State of Gujarat and learned advocate, Mr.Mrudul Barot for respondents-accused.