THE STATE OF GUJARAT Vs. LAXIBHAI KAKADBHAI VARLI

JUDGEMENT

(1.) The present appeal is preferred by the appellant State, against the judgment and order of acquittal dated 18.05.2005, passed by the learned Additional Sessions Judge, Valsad, in Sessions Case No. 16/2003, for the offences punishable under Section 143,147,148,332,342,395 of the Indian Penal code and under Section 25(1)(A)(C) of the Arms Act.

(2.) The case of the prosecution is that, the complainant D.N. Rao was Incharge as P.S.I of Kaprada Police Station from 21.05.1997. On 23.05.1997, at 17:00 hours Range Forest Officer Shri Arjunbhai Chaudhary and Beat Guard Pankajbhai Vasantji Rathod came to the police station and gave a written application for providing protection. Pursuant to such complaint police escort was provided for Burla village. It is the prosecution case that the Tempo No. GJ1TT6896 was containing 'Kher' wood. The said wood was removed by the employees of the Forest Department. It was not possible to remove the tempo. The tempo was to be seized. Necessary entry was made in the station diary and at 17:15 hours along with the employees of the Forest Department and Police Jamadar Khusalbhai Mangalbhai and Kantibhai Noane they left for Burla village in the Government jeep and reached at 17:40 hours. The tempo was lying there. They supervised the tempo, the wheel of the tempo, diesel tank, lights, seats were taken away. The axel was broken, at that time the officers went to the residence of the opponent accused no. 1 for further investigation. He was not available at his residence. Inquiry was made from Mohanji Kakadbhai. At that time, during this process the opponent accused came with deadly weapon and were abusing they came with the common intention to assault the complainant and their raiding party. The shoulder badge of the complainant was snatched away. The revolver was also snatched away by the opponent accused No.1. At that time, other persons also gathered there. The complainant was dragged by shirt. His revolver was thrown towards Rambhai who was ExPolice. Rambhai took that revolver and fired towards the complainant. The said firing was made from the Government revolver, other four rounds were also fired in the air. Thus the scuffle took place. After firing from the revolver of the complainant the revolver was returned. Shoulder belt was returned in broken condition. Five rounds were fired from the revolver.

(3.) Upon filing of the complaint, investigation was carried out and the accused were arrested and charge sheet was submitted in the Court of learned Magistrate. However, as the case was exclusively triable by the Court of Sessions, the same was committed to Sessions Court and registered as Session Case No. 16 of 2003, for the offence punishable under Sections 143,147,148,332,342,395,307 of Indian Penal Code read with Section 25(1) of the Arms Act. The accused pleaded 'not guilty' and claimed to be tried.