STATE OF GUJARAT Vs. THAKOR NALAJI MASHRAJI

JUDGEMENT

(1.) THIS appeal is filed by the State calling in question the judgement of acquittal rendered by the learned Sessions Judge, Mehsana dated 01.02.1993 in Sessions Case No. 177 of 1988. The respondents -original accused were charged with offence punishable under Section 307 read with Section 34 of IPC. All of them were acquitted of the charge. Hence, this State's appeal.

(2.) BRIEFLY stated, the prosecution version was that the first informant and injured witness, Raghuji Mashraji resided in a small hut with his family which he had constructed in the panchayat land in village Vana of Patan Taluka. He and his other brothers, the accused had property disputes since long. On 03.12.1986, early in the morning, at about 6 O'clock, the accused arrived at the house of the complainant carrying weapons such as gun, dhariya, stick etc. After a brief quarrel, accused No.2 Virmaji Mashraji fired from his gun causing injuries to the complainant. According to him, others also assaulted him but could not state the nature of such assault because he had lost consciousness.

(3.) RAGHUJI Mashraji, PW 1, the injured eyewitness was examined at Exh 11. In his deposition, he stated that, in the year 1986, he was at his hut when his three brothers and Ishwarji Chhagaji came armed with weapons. Viramji had a gun. Others had other weapons. Viramji fired from his gun. One pellet he hit on the forehead, the other on the left hand thumb which got severed. He fell down unconscious. After that, he did not know who gave him other blows. At that time, his wife, daughter and son were present. His wife carried him to hospital at Patan. From there he was taken to Mehsana. At Patan, the FIR was registered.