STATE OF GUJARAT Vs. JILUBHAI LAXMAMNBHAI VEDVA VAGHARI

JUDGEMENT

(1.) HEARD learned Additional Public Prosecutor for the appellant State Ms. C.M. Shah and learned Advocate for the respondent No.2 Mr. H.M. Parikh and learned Advocate Ms. Yogini Upadhyay for the respondents No.1 to 3, who appears as Amicus Curiae.

(2.) BY way of this Appeal, the Appellant State has felt aggrieved by the judgment and order of acquittal dated 31.08.1998 of the learned Additional Sessions Judge, Nadiad in Sessions Case No.142/1994 whereby the respondents herein were acquitted of the offences punishable under Sections 397, 458 read with Section 34 of the Indian Penal Code and under Section 25(1) of the Arms Act.

(3.) THE brief facts of the case and the incident which occurred on 07.08.1991 are as under : - It is the case of the complainant Sumantbhai Ambalal Vyas, that he had returned home from his job, had supper and had gone to sleep. At around 2.00 pm, knocks were heard and on going near the window, three persons were standing and one of them enquired as to 'where is the house of Dr. Ishwarbhai'?, to which the complainant replied that they should go to the village and find out. The accused asked the complainant to open the doors of the house, to which the complainant refused to do so. Out of the accused, one is alleged to have shown a dharia and another a revolver to the complainant and again they asked to open the door of the house. The complainant started shouting for help, in response to which one Jashumatiben Ravjibhai Brahmbhatt came rushing. She was beaten up and one nose ring worth Rs.1,200/ -, ear rings worth Rs.150/ - and some cash were taken from her. Thereafter, it is alleged that the accused broke open the door of another neighbour Vidhuben Sukhabhai Chowdhary, forced themselves in and some household articles were taken. It is alleged that they also gave a blow with a 'dhoka' (washing bat) on the head of the injured and also on the left hand and shoulder. An attempt was made to inflict injury with a blow of dharia but as the injured was able to dodge the attempt, injury was received on the finger of the left hand. Dhoka blows were also inflicted on right leg and waist. In addition, an amount of Rs.80/ - kept in front of the idol of God was taken. The cupboards were also broke open. However, by that time, the residents of the village had started rushing so the accused manage to escape from the scene of incident. One of the leaders of the gang was aged 25 -30 years, spoke fluent Gujarati and had a dharia. Thus, in all, the accused had taken from Nirmalaben Rs.80/ -, from Viduben Rs.3,700/ -, Kisan Vikas Patra worth Rs.5,000/ -, Certificate of Bank of India Rs.5,000/ -, golden earrings worth Rs.1,200/ - and also a tape with radio. From Jashumatiben, cash of Rs.150/ - and gold earrings were taken and from Savitaben, cash amount of Rs.200/ - and other articles. A complaint in this respect was lodged with Petlad Rural Police Station. The statements of the witnesses were taken and the injured were sent to the hospital. Panchnama was carried of the scene of offence, further investigation was carried out, the muddamal articles were recovered, the accused were taken into custody and the weapons were also seized. The chargesheet were presented in the Court at Petlad which was registered as Criminal Case No.2510/1991. The case was committed to the Sessions Court and numbered as Sessions Case No.142/1994 and 139/1998. The accused pleaded not guilty to the charges levelled against them. At the end of trial, the learned Additional Sessions Judge, Nadiad acquitted the accused of the above charges. Hence, this Appeal.