STATE OF GUJARAT Vs. SHAILESH @ RAJUBHAI POPATBHAI BHARVAD

JUDGEMENT

(1.) This Appeal under Section 378 (1) (3) of Code of Criminal Procedure, 1973 is preferred against the judgement and order dated 20.1.2006 passed by learned Presiding Officer and Additional Sessions Judge, Fast Track Court No.1, Gandhinagar in Sessions Case No.45 of 2005, by which, respondent/original accused is acquitted of offences under Sections 307, 353, 332 of Indian Penal Code, Section 28 of Arms Act and Section 135 of Bombay Police Act by giving benefit of doubt in view of failure on the part of the prosecution to prove its case beyond reasonable doubt.

(2.) Mr. Rutvij Oza, learned Additional Public Prosecutor has taken us to the case of the prosecution having genesis in a complaint registered with Adalaj Police Station on 29.7.2004 for the offences as above, when the complainant and other police personnels of local crime branch were informed about bootlegging activity nearby thorny bushes at Amiyapura Road around 19:30 hours on 29th July, 2004 when they were on patrolling, noticed white colour Esteem Car approaching and immediately driver of police van signalled to stop the car but it did not stop and driver of the car whizzed past and therefore police patrolling van chased and intercepted Esteem Car. The accused herein brought out a revolver like gadget and dragged the complainant and other police personnels but by giving a stick blow by driver of police van such gadget dropped nearby and immediately the accused pulled out a knife from his socks and assaulted Ramjibhai on right arm and thereafter investigation was commenced resulting into filing of charge-sheet for the offence as above and was tried in the Court having jurisdiction which resulted into acquittal of respondents.

(3.) Learned APP has taken us to following oral evidence namely, P.W.7-Premsinh Dasharathsinh Vaghela-complainant, P.W.18 Ramjibhai Dhulajibhai ThakoreDriver, P.W.20-Dr.Hetal Chinubhai Patel-Medical Officer, O,W.27-Arvindkumar Bhagvandas Vatliya-PSI, since other panch witnesses P.W.12 and P.W.14 and P.W.24 have turned hostile and not supported the case of the prosecution. Learned APP has also relied on documentary evidence namely, complaint, panchnama of scene of offence, medical case papers of the hospital including certificate of injuries of P.W.7 and P.W.18 and contended that in the facts of this case injured police witnesses on duty were assaulted by bootleggers, for which, ample evidence was available and there was no reason or justification for the trial Court to disbelieve police officers since corroboration is also available in the form of testimonies of Dr. Hetalben Chinubhai Patel at Exh.20 who confirmed injuries on injured police personnels. It is submitted that simply because panch witnesses have turned hostile or no other scientific evidence is available accused were arrested immediately would also establish guilt of the accused. That recovery of knife and revolver like gazzat against corroborate version of injured police witnesses and further raiding party was from local crime branch and, therefore, they were not in uniform was not the ground to disbelieve case of the prosecution and hence appeal be allowed by quashing and setting aside the judgement and order of acquittal passed by the learned Presiding Officer, Additional Sessions Judge, Fast Track Court No.1, Gandhinagar in Sessions Case No.45/2005 dated 20.1.2006.