STATE OF GUJARAT Vs. DILIP BHIKHABHAI

JUDGEMENT

(1.) The present appeal has been filed by the appellant - State under Sec. 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") against the judgment and order of acquittal passed by Additional Sessions Judge, Gondal (hereinafter referred to as "the Trial Court") in Sessions Case No.200 of 1995 on 15/9/1997, whereby, the Trial Court has acquitted the respondents - accused for the offences punishable under Ss. 147 , 148 , 149 , 302 , 504 and 449 of the Indian Penal Code, 1860 ("the IPC " for short).

(2.) At the outset, learned APP has referred to the report dtd. 6/2/2025 of Police Inspector, Dhoraji Police Station, Rajkot (Rural), Dist. Rajkot and has submitted that as per the aforesaid report, the accused No.1 is suffering from paralysis and is the bedridden since last 8 years.

(3.) The case of the prosecution as per the Charge Exh.1, is that on 16/8/1995, at 11 O'clock at night, all the accused formed an unlawful assembly, and rushed to the house of the complainant, (PW-1, the wife of the deceased). The accused no.1 (brother of the complainant) was carrying a knife, whereas the other accused (sisters of the accused no.1) were instigating him to kill the deceased, and after the accused chased the deceased, he inflicted blows of knife and committed murder of the deceased. The charge for the offences punishable under Sec. 302 , 147 , 148 , 449 , 504 of the IPC was framed.