THE STATE OF GUJARAT Vs. VALKU BHANA KATHI

JUDGEMENT

(1.) The judgment and order dated 30.11.2006 passed by the learned Additional Sessions Judge and Fast Track Judge, Jungadh in Sessions Case No.85/2004 recording the acquittal of the respondent for the offences punishable under Section 26(1)(d) of the Forest Act and Sections 332 and 333 of the Indian Penal Code (for short "IPC"), is sought to be assailed in this appeal under section 378(1)(3) of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C.").

(2.) The learned APP contended that the Trial Court failed to appreciate that the eye-witnesses and medical evidence corroborated the prosecution case and the so-called omissions, contradictions or improvements in the evidence were only minor and all the material facts giving rise to the offence were established beyond reasonable doubt.

(3.) The case of the prosecution as emerging in the FIR Exh:8 was that the complainant along with beat-guard S.I. Bhatti, G.B. Chuhan, A.I. Khati, M.M. Goswami, N.N. Vala, J.M. Madvi and K.K. Parmar were patrolling the reserved forest comprised in Baliyavad Village on 05.08.2004 when at about 01:00 a.m., they heard the noise of the cattle and found in light of torch light, 25 to 30 buffalos grazing there. No person in-charge of buffalos was found there. While they were in the process of taking the buffalos about five strangers started pelting stones on them injuring beat-guard G.B. Chauhan on the left shoulder and beat-guard A.I. Lathi on the head. During the stone pelting, buffaloes went away and some people started encouraging injured Valkubhai to run as the Forest Guard had come. Thus, it was contended in the FIR that Valkubhai and other three strangers pelted the stones on them and got 25 to 30 buffaloes released which act had caused obstruction in the discharge of their public duties.