STATE OF GUJARAT Vs. VANKAR GABHABHAI PASHABHAI

JUDGEMENT

(1.) The present acquittal appeal is preferred by the State of Gujarat under Sec. 378 of the Code of Criminal Procedure, 1973 ('the Cr.P.C .' in short) challenging the judgment and order dtd. 31/7/1996 passed by learned 2 nd Extra Assistant Sessions Judge, Mehsana in Sessions Case No.7 of 1995, wherein the respondents - original accused no.1 - Vankar Gabhabhai Pashabhai, accused no.2 - Vankar Bharatbhai Maganbhai, accused no.3 - Vankar Maganbhai Juhabhai, accused no.4 - Jadav Vijaykumar @ Vinodbhai Dahyabhai, accused no.5 - Jadav Harshadkumar @ Hasabhai Dahyabhai, accused no.6 - Vankar Ashokkumar @ Haresh Maganbhai, accused no.7 - Parmar Ganpatbhai Jivrambhai, accused no.8 - Jadav Maniben w/o Dahyabhai Jivrambhai, and accused no.9 - Parmar Kashiben w/o Maganbhai Juhabhai came to be tried for the offences punishable under Ss. 307 , 323 , 324 , 326 , 337 , 504 read with Ss. 147 , 148 and 149 of the Indian Penal Code, 1860 ('the IPC ' for short). At the end of the trial, the learned trial Court convicted the original accused no.2 - Vankar Bharatbhai Maganbhai for the offence punishable under Sec. 324 of the Indian Penal Code and awarded rigorous imprisonment of two years and fine of Rs.2,000.00 and in default of payment of fine, further rigorous imprisonment of one month and acquitted all other accused from all the charges.

(2.) During pendency of the appeal, original accused No.1 - Vankar Gabhabhai Pashabhai, accused No.3 - Vankar Maganbhai Juhabhai and accused No.7 - Parmar Ganpatbhai Jivrambhai passed away and this appeal stands abated qua them by order of the Coordinate Bench of this Court dtd. 7/7/2022.

(3.) The brief case of the prosecution is that - the accused persons of the present case, on 1/10/1994, at about 19:30 hrs., near Gautamnagar, Kalol, hatched an unlawful assembly with an intention to kill the complainant and witnesses with a deadly weapons and attacked on the son of the complainant with regard to spreading water on the road. Accused - Bharatbhai Maganbhai has beaten the witness - Dineshbhai on his hand as well as head with an axe. Accused - Hasmukh Maganbhai has beaten witness - Haresh on his left hand side with a Gupti. Accused - Maniben has beaten the complainant by throwing stones. Accused - Ganpatbhai Juhabhai has beaten witness - Lakshmanbhai on right side of his stomach with sphere (bhala). Accused - Kashiben has beaten witness - Paruben with a wooden stick on her shoulder and attacked on them and, therefore, the accused persons have been charged for the offences punishable under Ss. 307 , 323 , 324 , 326 , 337 and 504 read with Sec. 147 , 148 and 149 of the Indian Penal Code.