STATE OF GUJARAT Vs. CHANDUBHAI GORDHANBHAI KACHHADIYA

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Addl. Sessions and 5th Fast Track Judge, Junagadh (for short, 'the trial Court'), Dated : 31.07.2004, rendered in Sessions Case No. 131 of 1994, whereby, the learned trial Court acquitted the original accused Nos. 1 to 10 the Respondents, herein, of the offence under Sections 147, 148, 307 read with Sections 149, 426, 323, 324, 504, 506(2) of the Indian Penal Code and Section 135 of the Bombay Police Act.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that the original accused No.2 picked -up a quarrel with the brother of the original complainant, who happened to be the Sarpanch of the village Vadal, over the issue of drain of sewerage water near his house and on 17.04.1994, while the complainant and others were going to lodge a complaint about the same in their car, the accused Nos. 1 to 10 attacked them and also caused damage to the car. On registration of the offence, police carried out investigation into the alleged offence and on finding sufficient evidence, a charge -sheet was filed against all the accused. At the time of trial, since, the accused did not plead guilty, the trial was conducted.

(3.) BEFORE the trial Court, the prosecution, in support of its case, examined sixteen witnesses.