STATE OF GUJARAT Vs. RABARI POLA BECHAR

JUDGEMENT

(1.) The present appeal is preferred by the State under Sec. -378 of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dtd. 6/3/1995 passed by Additional Sessions Judge, Bhavnagar in sessions case no.132 of 1993. By the impugned judgment and order, the sessions Court acquitted the respondentsaccused for offence under Sec. 302, 147, 148, 149, 224 and 34 of Indian Penal Code and under Sec. 135 of the Bombay Police Act.

(2.) The case pertains to an incident that occurred in Sarva village of Botad Taluka, District Bhavnagar, on 9/3/1993, at around 4:30 PM, where an altercation over the grazing of a buffalo in the field led the respondents-accused to form an unlawful assembly with the common intention of causing the death of two brothers, Usmanbhai and Mahmadbhai. Armed with deadly weapons, they assaulted Usmanbhai and Mahmadbhai with Dhariyas (sharp weapons), sticks, pipes, and Bhala (sharp weapon), inflicting injuries that resulted in their death. Thus, the respondents-accused committed offenses punishable under Sec. s 302, 147, 148, 149, 224, and 34 of the Indian Penal Code, along with Sec. 135 of the Bombay Police Act.

(3.) Learned Additional Public Prosecutor submitted that the learned Trial Judge committed a serious error in acquitting the respondents-accused despite clear and cogent evidence presented by the prosecution.