STATE OF GUJARAT Vs. BHIKHABHAI MANIBHAI THAKOR

JUDGEMENT

(1.) The present appeal is preferred by the appellant-State under Sec. 378 of the Code of Criminal Procedure, 1973 against judgment and order of acquittal dtd. 24/3/1995 passed by Additional Sessions Judge, Kheda at Nadiad in Special Case No.48 of 1993. By the impugned judgment and order, the Sessions Court acquitted the respondents-accused for offence under Sec. 302, 120B, 143, 147, 148, 149, 447 and 34 of the IPC and Sec. 3(1) (10) and 3(2)(5) of Atrocities Act.

(2.) It is required to be noted that during pendency of the appeal, respondent No.1-Bhikhabhai Manibhai Thakor, respondent No.2-Prabhatbhai Manibhai Thakor and respondent No.4-Ravjibhai Manibhai Solanki have expired. Therefore, the appeal, insofar as respondents-accused Nos.1, 2 and 4 are concerned stands abated as is recorded by coordinate Bench of this Court in order dtd. 7/12/2022.

(3.) The case pertains to an incident which occurred on 25/4/1993 in Radhu village of Matar Taluka, District Kheda, where at around 18:45 hours, the respondents-accused formed an unlawful assembly with the common intention of causing the death of deceased-Talshibhai. They were armed with deadly weapons and unlawfully trespassed into the complainant's agricultural field. They assaulted deceased-Talshibhai with Dhariyas (sharp weapons) and sticks, inflicting injuries that led to his death. In connection with FIR for offences under Ss. 302, 143, 147, 148, 447, 120(B), and 149 read with Sec. 34 of the IPC, along with Ss. 3(1)(10) and 3(2)(4) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. SC/ST (Prevention of Atrocities) Act came to be filed.