STATE OF GUJARAT Vs. GOSLABHAI NAYKABHAI RATHVA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of acquittal dated 23.09.2005 passed by the learned Presiding Officer & Addl. Sessions Judge, Fast Track Court No.3, Chota Udepur in Sessions Case No.86 of 1999 whereby, the respondents hereinoriginal accused no.1 to 4, were acquitted of all the charges framed against them.

(2.) The facts in brief giving rise to the filing of present appeal are as under; On 22.07.1998 a complaint came to be filed by Surliben, wife of Khaparia Nankabhai Rathva, before Karali Police Station inter alia alleging that on 21.07.1998, at around 1800 hrs., while her husband was in the farm situated near their house, accused no.1, who happens to be the brother of Khaparia Rathva, came there and picked up a quarrel with her husband. Thereafter, at around 2300 hrs., while Khaparia Rathva was in his house, accused no.2 came there and asked him to come out. After Khaparia Rathva came out, accused no.2 caught hold of him by a rope. Thereafter, accused no.1 & 2 dragged Khaparia Rathva to a distant place. On hearing the shouts, the complainant and her daughter rushed to the place of incident. During that time, accused no.2 inflicted 'paliya' blows to Khaparia Rathva. When the complainant intervened, accused no.3 & 4 came there and began to assault her. Thereafter, the accused fled the scene of offence. Khaparia Rathva sustained severe bodily injuries and ultimately, passed away.

(3.) During the trial, the prosecution examined the following witnesses;