THE STATE OF GUJARAT Vs. NATUBHAI PARSOTTAMBHAI PATEL

JUDGEMENT

(1.) This Appeal, preferred by the State of Gujarat under Section 378 [1] (3) of the Code of Criminal Procedure, 1973 ["CrPC" for short], seeks to challenge the judgment and order dated 7th May 2005 passed by the learned Jt. District Judge & Presiding Officer, Fast Track Court No. 8, Kheda at Nadiad in Sessions Case No. 111 of 2004, whereby, the respondents herein have been acquitted of the charge for the offence punishable under Sections 302, 323, 504, 506 (2) read with Section 34 of the Indian Penal Code.

(2.) Brief facts are stated hereunder to appreciate the rival legal contentions urged before us on behalf of the respective sides.

(3.) On 8th February 2004, as per the case of prosecution, the respondents no. 1 to 3 herein raised dispute with regard to removal of the complainant from the field, to which a complaint was also filed. It is further the case of prosecution that at night hours, father of the complainant namely Gordhanbhai Mathurbhai Patel stayed in the field and at about 8:30 pm, the complainant and his cousin brother -Shaileshbhai Bhikhabhai Patel had gone to the field with food and stayed there for about an hour. The complainant and his father slept there in the field throughout the night. In the wee hours of 9th February 2004 at around 7 O'Clock, the respondents nos. 1 to 4 [ie., A1 to A4] came and raised shouts by saying that today they have to finish him for a permanent peace. It is further the case of prosecution that these accused persons were armed with Dhariya and sticks. They have assaulted complainant and his father with their respective weapons and also gave foul abuses. The complainant tried to run away from the scene of offence and from behind, he saw accused -Bansibhai giving a Dhariya blow on the head of his father and the accused -Natubhai Parshottambhai Patel also gave a dhariya blow, which resulted into his father falling down on the ground. He also saw the accused persons viz., Maheshbhai Parshottambhai Patel and Kiritbhai Parsottambhai Patel inflicting stick blow on the person of his father. Therefore, the complainant raised shouts and at that time, his mother -Pushpaben and aunt - Kamlaben came there. They have also raised shouts. The accused persons thereafter flee away from the spot of incident in a jeep. The complainant thereafter went home and informed Parvindbhai Bhikhabhai about the incident. They along with Mathurbhai and Minaben went to Police Station to lodge a complaint, which was registered as C.R No. I -27 of 2004 by Mahemdabad Police Station. After investigation was over, chargesheet was laid before the Court of learned Judicial Magistrate, First Class, Mahemdabad. Since the case was exclusively triable by the Court of learned Sessions Judge, it was committed to the learned Joint District Judge & Presiding Officer, Fast Track Court No. 8, Kheda at Nadiad, which numbered it as Sessions Case No. 111 of 2004.