STATE OF GUJARAT Vs. DEEPSINH DHANSINH JETHVA

JUDGEMENT

(1.) THIS appeal is filed by the State against the judgement dated 30.09.1991 passed by the learned Additional Sessions Judge, Jamnagar in Sessions Case No. 85 of 1986. The respondentsoriginal accused were charged with offence punishable under Section 302 read with Section 34 of IPC. Learned Sessions Judge acquitted all the accused. The State has, therefore, preferred this appeal.

(2.) AS per the prosecution version, on 10.07.1986 at about 8.30 in the evening when deceased Samat Punja alongwith Kana Raja PW 5 Exh 14 and Manadan Duda PW 14 Ex 35 were passing by the house of accused No.1 Dipsinh Dansinh. On account of past enmity, all the three accused dragged the deceased Samat Punja inside the house and beat him up with the spear and sticks. Accused No.1 was carrying a spear with which he gave blows to the deceased. Accused Nos. 2 and 3 were carrying sticks with which they beat up the deceased. The other two witnesses ran away and informed the relatives of Samat Punja who came to the scene and took him away in seriously injured condition. He was first taken to the local hospital at Bagavdar where Dr. Jekanand Daxina PW 1 Exh 8 gave him injection of coramile hoping to sustain the injured till he could be taken to a fullfledged hospital at Porbandar. However, on the way the injured succumbed to the injuries. All the accused were, therefore, charged with offence punishable under Section 302 readwith Section 34 of IPC.

(3.) DR . Jekanand Daxina was examined as PW 1 who gave his brief narration of the event of the night. Dr. Gulabrai Jethalal Solanki at Bhavsinhji Hospital, Porbandar had carried out the postmortem. He was examined as PW 2 Exh 10. The postmortem report given by him was produced at Exh 16. He had noted multiple injuries on the body of the deceased. According to him, the cause of death was hemorrhage in the brain leading to shock. None of the injuries, according to him, could be caused by the sharp side of a spear. He, however, clarified that if the blunt handle of the spear was used such injuries could result.