STATE OF GUJARAT Vs. BATUKBHAI MOHANBHAI KOLI

JUDGEMENT

(1.) Learned Additional Public Prosecutor Ms. Patel has tendered the report of the Police Inspector, "B" Division Police Station, Rajkot City, wherein, the death certificate of the accused no.4 - Raghubhai Dayabhai Rathod is produced. She has submitted that he passed away on 2/8/1997. The said report along with the death certificate are ordered to be taken on record. Hence, the present appeal stands abated so far as accused no.4 is concerned.

(2.) Present appeal emanates from the impugned judgment and order dtd. 19/6/1997 passed by the learned Additional Sessions Judge, Rajkot in Sessions Case No.59 of 1994 acquitting the accused from the offences punishable under Ss. 452, 302, 504, 34 and 37(1) of the Indian Penal Code,1860 ("IPC" for short) and Sec. 135 of the Bombay Police Act,1951.

(3.) The case of the prosecution as per the charge at Exh.6 is that on 3/2/1994 at 1.30 in the afternoon all the accused came to the deceased house, broke the door and inflicted blows of knife, pipe as well as stone on his head, side flank / lumber and on his legs, in his house and also outside the house, which resulted into his death. A complaint was registered by the deceased - Anubhai Lakhmanbhai Koli on 3/2/1994 at Exh.76. In the complaint, the deceased has mentioned names of four accused and also other persons. The trial Court, after examining the oral as well as documentary evidence, has acquitted the accused for the offences for which, they were charged, which has resulted into the present appeal.