(1.) Criminal Appeal No.216 of 1987 was filed under section 11 of the Probation of Offenders Act by the appellant State of Gujarat against the judgment and order dated 22.1.1987 passed by the learned Additional Sessions Judge, Ahmedabad in Sessions Case No.272 of 1986.
(2.) The case of the prosecution is that at Ahmedabad, Bhudarpura, there is one Vaghri's Vas having about 150 huts which is called as Marvadi's Vas or Vaghri Vas situated near Sharda Society. There are most of the houses of Marvadi Vaghris except one or two of Gujarati Vaghris. According to the prosecution, on 17.5.1985, there was one marriage of Bai Shanta, daughter of Sonaji Vanaji and hence, there was Mandva just near Jogni Mata, which was decorated including lighting just near Jogni Mata temple, there is otta on which at about 7 to 7:30 p.m., Moda Moti, Girdhar Natha, Manubhai Vanabhai and Naran Bechar were sitting; whereas some boys were playing. At about 7:30 p.m., Manabhai Nagaji, a boy aged 16 years came there loitering watching the Mandap and was standing nearby. Accused Babaji Bhajanbhai also came there watching Mandap and inadvertently, his leg touched the leg of Manabhai Nagabhai. So, Manabhai Nagabhai told Babaji that though there is some light, whether he is blind and as such, accused Babaji Bhajanbhai got enraged and started giving fist blows to Manabhai Nagaji. Manabhai raised shouts, but the other two accused viz. Rohitbhai Bhajanbhai and his nephew Jagdish Laxmanbhai immediately ran down to the spot. Rohit Bhajanbhai was armed with an iron bar. Jagdish gave fist blows whereas Rohit Bhajanbhai gave iron blow just over the left eyebrow of Manabhai Nagabhai whereby he got giddiness and fell down. The four persons who were nearby got up, but all the three accused ran way.
(3.) Upon committal, the case was tried being Sessions Case No.207/1986 and judgment for acquittal was delivered on 22.1.1987.