STATE OF GUJARAT Vs. DIGUBHA KALUBHAI JADEJA

JUDGEMENT

(1.) The present appeal is filed by the appellant -State being aggrieved and dissatisfied with the judgment and order dated 26 -9 -1995 passed by the learned Additional Sessions Judge, Jamnagar, in Sessions Case No. 37 of 1994 whereby the respondent -original accused was acquitted of the charges levelled against him.

(2.) Short facts of the case of the prosecution are on 3 -1 -1994 between 23.30 and 24.00 hours, in the field of Gogan Dhana near the machine room at Village, Nani Bhagedi, Taluka Kalavad, District Jamnagar, when the complainant Ramji Bhavan and witness Damji Amarsi, Ravji boda and the deceased Kesa Kana were sitting and enjoying the feast of 'bajia', Gogan Dhana was diverting the water and Kanu Harijan was making arrangements for camp fire outside the room. At that time, the accused armed with 12 bore double barrel gun illegally and unauthorisedly entered into the field of Gogan Dhana and shot dead the deceased Kesa Kana and caused injuries on Gogan Dhana. A complaint was, therefore, filed by the complainant Ramji Bhavan before the police. In pursuance of said complaint, investigation started and as there appeared prima facie case against the accused, a charge sheet was filed against him. Thereafter charge was framed against the accused which was read over and explained to the accused. The accused pleaded not guilty to the charge and claimed to be tried.

(3.) Heard learned Additional Public Prosecutor, Ms. Shruti Pathak for the appellant -State of Gujarat and learned advocate, Mr. Pradip Patel for Mr. Kanara for respondent -accused.