STATE OF GUJARAT Vs. BHANA ARJAN VEDVA VAGHARI

JUDGEMENT

(1.) The present appeal filed under Ss. 378(1)((3) of the Code of Criminal Procedure, 1973 (for short 'CrPC') is directed against the judgment and order dtd. 28/1/1997 passed by the learned Additional Sessions Judge, Rajkot in Sessions Case No.360 of 1993, acquitting the accused for the offences punishable under Sec. 302 read with Sec. 114 of Indian Penal Code, 1860 (for short 'IPC') and Sec. 135 read with Sec. 37(1) of the Bombay Police Act (for short 'B.P. Act').

(2.) The case of the prosecution, as per the charge at Exh.3 is that on 20/7/1993 at around 10.00 a.m., when the deceased - Modbhai Manubhai Gadhavi was ploughing his field, four respondents-accused reached there and started whistling and abused him. Thereafter, the deceased, who was ploughing his filed went towards the accused No.2- Bhikha Bhana and accused No.4 - Lilaben and accused No.3 - Valiben assaulted the deceased with kicks and fists blows and caught hold of the deceased and accused No.1 - Bhana Arjan, who was armed with a spear, inflicted a blow of spear on the chest of the deceased and thereafter, they fled away.

(3.) Before the trial Court, the case of the prosecution was primarily projected on the basis of the evidence of a minor witness (P.W.4), who was the niece of the deceased, the wife of the deceased (P.W.5) and an independent witness Najabhai Jasabhai (P.W.6).