STATE OF GUJARAT Vs. THAKORE SOMAJI PRABHATJI

JUDGEMENT

(1.) THE State has filed this appeal calling in question the judgement of acquittal dated 6.2.1991 rendered by the learned Sessions Judge, Banaskantha, in Sessions Case No. 2/1988.

(2.) BRIEFLY stated, prosecution version was that on 23.7.1986, when the complainant Thakorbhai Amthabhai along with head constable Lalsing Umedsing were at village Rajpur in connection with prohibition drive, they saw the accused Amuji Prabhatji and Somaji Prabhatji carrying sticks and two empty cans. When intercepted and questioned about where did they get the cans for carrying liquor, they started getting restless. While the complainant tried to catch them, accused Amuji Prabhatji got excited and started giving stick blows to the constable Lalsing Umedsing on the head and other parts of the body. When the complainant tried to catch Amuji Prabhatji, coaccused Somaji Prabhatji gave stick blows to him on the head, neck and other parts of the body. Constable Lalsing Umedsing received serious injuries and he lost consciousness. With the help of passer by, the complainant shifted him to hospital where he was treated. Both the accused were therefore, charged with offences punishable under sections 307 read with section 114 of the Indian Penal Code. During the course of trial, accused no.1 Amuji Prabhatji died. The trial therefore, was conducted against the sole surviving accused Somaji Prabhatji. The trial Court acquitted him upon which the State has presented this appeal.

(3.) COMPLAINANT Thakorbhai Amthabhai, PW2 was examined at exh.14. As per his deposition on 23.7.1986 when he and constable Lalsing Umedsing were at village Rajpur in connection with prohibition drive, they met Amuji Prabhatji and Somaji Prabhatji coming from opposite direction carrying sticks and empty cans. When questioned, Amuji Prabhatji got excited, started giving stick blows to Lalsing Umedsing. When he tried to stop Amuji Prabhatji, coaccused Somaji Prabhatji also gave stick blows to him on all parts of the body. Accused thereafter, ran away with the sticks. Lalsing Umedsing had fallen down on the ground and was not talking. He waited at the spot for about one and half hours when one Hothibhai came. With his help he brought Lalsing on the road from where he took him in a rickshaw to the Government hospital at Deesha and, thereafter, proceeded to lodge the FIR. In the cross examination, he agreed that the incident happened near Chamunda Mata temple which is situated on Juna Deesha road. Nearby there were about 15 houses and several shops. Right behind the temple is the place for dyeing. He however, did not know whether at the said place number of people were present through the day doing the dyeing work. Rapar village had population of 1000 to 1200 houses. He had taken Lalsing to hospital and immediately left.