MAHESH VIRCHAND PATTANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Both these Criminal Appeals are preferred against judgment and order dated 27.1.1999 passed by learned Additional Sessions Judge, Court No. 10, Ahmedabad in Sessions Case No. 119 of 1998. By the impugned judgment, accused No. 1 is convicted for the offence under Sec. 323 of the Indian Penal Code (for short, "IPC"), while accused No. 1 was acquitted of the charges for the offence punishable under Ss. 302, 201, 34 and Sec. 120 -B of IPC. Being aggrieved by the impugned judgment, accused No. 1 has preferred Criminal Appeal No. 228 of 1999, while Criminal Appeal No. 365 of 1999 is preferred by the State against acquittal of accused No. 1 from the charges of offences punishable under Ss. 302, 201, 34 and Sec. 120 -B of IPC.

(2.) As these appeals are arising out of the same judgment rendered in connection with the same incident and the evidence is also common in all these appeals, the same are taken up for hearing together.

(3.) The case of the prosecution is that father of accused No. 1 had borrowed Rs. 50,000/ - from Zinabhai Nathabhai Pattani and as they were relatives no writing was obtained. It is alleged that father of the complainant demanded money back but it was not returned. It is further alleged that on 21.10.1997 at about 7 p.m. the appellant herein -accused No. 1 came to the house of the complainant and asked complainant's father to come with him to settle the accounts. Therefore, his father went with the accused in a rickshaw. He was taken near Chamunda Bridge and there he was beaten. At about 7.30 p.m., the deceased was brought back in drunken condition and it was told he is in this condition as he has consumed liquor. Thus, the accused misled the family members of the deceased. At that time, the deceased was dead and therefore they went to the police station, however, the police did not respond to them. After receipt of postmortem report, a Special Criminal Application was filed before this High Court and as per the direction of this Court, a complaint was filed in the Metropolitan Magistrate Court. Said complaint was sent for investigation.