STATE OF GUJARAT Vs. RAMANBHAI D GHODIYA PATEL

JUDGEMENT

(1.) THIS appeal is filed under Section 378 of the Code of Criminal Procedure, 1973 (in short, "the Code, 1973") against the order of acquittal dated 18.09.1992 passed in Sessions Case No.69 of 1991 by the learned Additional Sessions Judge, Valsad at Navsari, by which the respondent came to be acquitted for the offences punishable under Section 302 alternatively Section 304 (A) of the Indian Penal Code, on the ground that the prosecution has failed to prove its case beyond reasonable doubt.

(2.) AS per the case of the prosecution in brief, an F.I.R. was registered on 05.06.1991 with Khergam outpost at around 20:45 p.m. about the incident which took place at around 19:30 p.m. The complainant, namely, Babubhai Nathubhai Ghodiya (PW6), son of the deceased Nathubhai Dhediyabhai disclosed that his father had two brothers and all of them stays separately and cultivates their agricultural land as such. Before fifteen year of the day of the incident, the land admeasuring seven Vighas situated nearby canal of village Vad was purchased for sale consideration of Rs.3,000/ from the maternal uncle of his father. It was used for grazing purposes by animal. However, since it was situated nearby canal, it was decided that the land is to be levelled and partitioned. Accordingly, on 02.06.1991, the complainant, his father and his uncle Mohanbhai and Ramanbhai respondent herein were informed that in presence of the Sarpanch of the village, the land would be partitioned equally. However, Ramanbhai, uncle of the complainant had not remained present during partition. In presence of the Sarpanch of the village, father Nathubhai and uncle Mohanbhai of the complainant partitioned the land, and the Sarpanch Narsinghbhai had gone to inform about partition to the residence of Ramanbhai, and returned to the house of the complainant and the Sarpanch Narsinghbhai informed that Ramanbhai was not agreeable for the partition.

(3.) ON the day of the incident at around 15:00 p.m., in the afternoon, his father had gone for weeding out thorny bushes and small plants in the subject land in view of ensuing monsoon, and after completion of the works, they were proceeding towards their house and approached Tar road, and at that time, his uncle Ramanbhai - respondent herein was driving Tractor No. G.U.L. 9422 with Trailer No. G.T.O. 9563 from Khergam towards Chikhli, and having seen the complainant and his father standing on the road, Ramanbhai had driven the Tractor over the father of the complainant, and with front wheel of the Tractor, injuries were caused and Ramanbhai escaped with Tractor towards Chikhli. It was at around 1930 hours in the evening, and along with the complainant one Uttambhai was also present. In spite of shouting by the complainant to stop the Tractor, it was driven away by his uncle Ramanbhai, who was driving the Tractor.