NARAYANBHAI KARSANBHAI Vs. STATE OF GUJARAT & 5

JUDGEMENT

(1.) The petition has been instituted against the judgment and order dated 30/09/2004 passed by the learned Additional Sessions Judge, Viramgam in Special Atrocity Case No.70 and 71 of 1998 which were tried together.

(2.) The offences alleged in the complaint were under Sections 147, 148, 149, 325, 324, 323, 504, 506(2) and 120B of the Indian Penal Code and under Section 135 of the Bombay Police Act. It was alleged that when the complainant and his nephew-Danabhai were standing outside the Panchayat office on 20/07/1996, the accused cordoned them and after reprimanding the complainant having deposed against him in some case, snatched away the umbrella held by the said Danabhai and assaulted him on the right eyebrow, which started bleeding and at that point of time, other accused armed with stick arrived and accused-Manubhai is said to have assaulted Danabhai on his waist, causing fracture and accused- Parshottambhai Maghabhai also assaulted Danabhai on his right arm and little finger of the left hand with stick and accused-Mithabhai assaulted him on left knee. Likewise, various acts of assault were attributed to different accused.

(3.) On conclusion of the evidence from the prosecution side, the statement of accused under Section 313 of the Code of Criminal Procedure was recorded and ultimately on appreciation of evidence and hearing the parties, the trial Court noticed the material omission i.e. it reasoned that the deposition of the witness did not tally with the material on record and the evidence as to injuries was deficient in material particular visavis medical record; that in absence of the evidence of the blood at the scene of offence, the case of the witnesses as to bleeding injuries could not be established and that there was delay in lodgment of the FIR giving a big room for manipulation to the complainant and that the complainant and the witness who knew the accused did not name them on the first opportunity when the history of the incident was recorded by the doctor.