STATE OF GUJARAT Vs. HEMUBHA BHIKHUBHA GOHIL

JUDGEMENT

(1.) The accused Nos.1, 4, 9 and 10 have passed away, their death certificates are ordered to be taken on record. The present appeal stands abated qua the deceased accused. 1. The present appeal is filed challenging the acquittal order dtd. 23/7/1997 passed in Sessions Case No.33 of 1993 by Additional Sessions Judge, Bhavnagar for the offences punishable under Ss. 144, 147, 148, 447, 302 and 201 read with Sec. 149 of the Indian Penal Code, 1860 (IPC) and under Sec. 135 of the Bombay Police Act (B.P. Act).

(2.) It is the case of the prosecution as per the Charge at Exh.4-A that all the accused had assaulted the deceased - Bhojubha Temubha Gohil on 29/8/1992 by inflicting injuries by sticks and axe on various parts of his body and thereafter, he was tied to the cot and they burnt his body.

(3.) In pursuance to the above allegation of the first informant, the F.I.R. was lodged with the Ghogha Police Station, Bhanvagar for the offences punishable under Ss. 302, 147, 148, 447, 201 read with 34 of the IPC and Sec. 135 of the B.P.Act, vide CR No.I-82 of 1992 dtd. 29/8/1992. The Investigating Agency, during the course of investigation, has recorded statements of the witnesses, medical officer and have drawn various panchnamas for the purpose of proving the offence. After having found sufficient material against the respondents-accused, charge-sheet came to be filed.