STATE OF GUJARAT Vs. KOLI HIMAT @ HEMUBHAI

JUDGEMENT

(1.) THIS appeal is filed by the State against the judgment of acquittal dated 17.04.1993 rendered by the learned Additional Sessions Judge, Surendranagar in Sessions Case No. 24 of 1992. Respondent accused was charged with offence punishable under Section 302 of IPC and Section 135 of the Bombay Police Act. He was acquitted of all charges. Hence, this appeal.

(2.) BRIEFLY stated, the prosecution version was that on 21.11.1991, at about 3:30 in the afternoon, deceased Rabari Govindbhai Bhagvanbhai was grazing his cattle in open Kharaba land near the field of accused Himmat alias Hemu Koli. The accused picked up a quarrel with Govindbhai for grazing his cattle in the field of the accused. After abusing him, he got excited. When the deceased told him not to use foul language, the accused gave stick blows to the deceased on his head, hands and back causing his death.

(3.) DR . Harshadrai Trikamrai Bhuva, P.W.1, Exh.5, had initially treated injured Govindbhai at Dhrangdhara Government Hospital where he was the Medical Officer, where he was brought at about 5:45 in the evening. He deposed that the patient was brought to him with the complaint of having been beaten with the stick. He was conscious and had given the history of being assaulted with the stick. He had informed the police since the patient was brought to him without police yadi. Later on, the Executive Magistrate came to the hospital at about 7:35 to record the dying declaration. He produced the injury certificate at Exh.7 in which he had recorded following injuries.