STATE OF GUJARAT Vs. RAJENDRA BAHADURSINH & OTHERS

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 04.06.1993 passed by the Sessions Judge, Kutch Bhuj in Sessions Case No. 92 of 1991 whereby the accused have been acquitted of the charges leveled against them.

(2.) The brief facts of the prosecution case are that the deceased was a driver of truck bearing registration no. PUU 9194. On 05.02.1991, the deceased along with the complainant who worked as cleaner in the same truck were going in the said truck from Gandhidham to Kandla where theyhad a fight with accused nos. 1 & 3. The accused nos. 1 & 3 called accused no. 2 on phone and thereafter all the accused took the deceased and complainant to Fanganagr Freight Carrier office at Gandhidham and after tying them and started beating them with wooden stick. Thereafter, they were taken to another place in the evening and were also beaten there. The deceased was also burnt at various places of his body with cigarette buts. The deceased succumbed to the injuries. A complaint was therefore lodged against the accused. Pursuant to the complaint, investigation was carried out. After investigation, charge-sheet was filed and as the case was triable by the Court of Sessions, it was committed to the Court of Sessions.

(3.) Ms. Shah, learned APP appearing for the appellant-State has submitted that the trial court committed an error in releasing the respondents-accused. It was contended by Ms. Shah, that the judgement and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondents. Learned APP has also taken this court through the oral as well as the entire documentary evidence.