LAWS(GJH)-2006-1-14

STATE OF GUJARAT Vs. BALU BHIKA SALAT

Decided On January 30, 2006
STATE OF GUJARAT Appellant
V/S
BALU BHIKA SALAT Respondents

JUDGEMENT

(1.) Respondent ("the accused" for short) was charged and tried by the learned Additional Sessions Judge, Junagadh in Sessions Case No. 45 of 1985 for commission of the offence punishable under Sections 302 and 504 of the Indian Penal Code ("IPC" for short) arraigned on charge of having committed murder of Salat Bhurabhai Malubhai by giving him blow of a big wooden log. At the end of the trial, the accused was found not guilty to the offence with which he was charged and resultantly he was acquitted vide judgement and order dated 18.2.1986, giving rise to the instant Appeal filed under Section 378 of the Code of Criminal Procedure ("the Code" for short") at the instance of the Appellant " the State of Gujarat.

(2.) The prosecution version as disclosed in the FIR and unfolded during trial was that on the date of the alleged incident, i.e. on 9.2.1985 the complainant " Kalu Amarshi and the victim Salat Bhurabhai Malubhai were cutting trees in the forest and at about 11:30 a.m. they left the forest and came to their respective huts and after taking meal they again had gone to he forest for their labour work. At the time of the incident deceased Bhura Malu and the accused were in the same hut and there was some altercation between both of them. As a result thereof, accused gave blow with a piece of wood on the head of the deceased. Thereafter other labourers assembled there and saw the alleged incident of giving blow to the deceased by the accused.

(3.) The aforesaid incident was reported by the complainant Kalu Amarshi at Sasan Outpost Police Station. The injured Salat Bhurabhai Malubhai who had received the injury was shifted to Government hospital Talala. As the injury caused to him was serious he was shifted to Verawal Hospital were he was admitted as an indoor patient. The said complaint was thereafter sent to City Police Station, Verawal for its registration, where it was registered against accused for commission of the offence punishable under Sections 326 and 504 of the IPC.