STATE OF GUJARAT Vs. HINDU @ SINDHABHAI BHARWAD (DABHI)

JUDGEMENT

(1.) This Appeal is preferred by the State of Gujarat under Section 378 [1][ (3) of the Code of Criminal Procedure, and order dated 21st 1973 against the judgment December 2005 passed by the learned Presiding Officer, Fast Track Court No. 4, Morbi in Sessions Case No. 14 of 2001, acquitting the respondents herein of the offence punishable under Sections 147, 148, 452, 427, 323, 324, 337, 307 of the Indian Penal Code read with Sections 37 [1] & 135 of the Bombay Police Act.

(2.) Prosecution case has genesis in a complaint dated 27th August 2000 filed by the complainant -PW :1 that the incident took place in the field of the complainant, which is located between the way of village Mintana and Valsan, near cancel where the accused persons formed an unlawful assembly, since a civil suit filed against them with regard to the disputed land of Mitana village in which an order was passed by the Civil Court in favour of the complainant to which accused had disagreed and dissatisfied with, decided to kill complainant and his family. Thus, with a common intention to kill the complainant and his family and to damage the property of the complainant, they formed an unlawful assembly and assaulted members of the family of the complainant; including the complainant, with weapons like Axe, Dhariya, Sticks and stones. The version of the complainant is into two parts viz., initially, Jemalbhai [PW -2] and Ajitbhai [PW -5] who had taken shelter in the house which was broken by the assailants and had beaten them. Even a two wheeler "Hero Honda motor cycle" of PW -5 was also damaged. Upon receiving information about this part of the incident, the complainant -PW :1 and his aunty - Hajuben Jemalbhai [PW -2] went on a Rajdoot motorbike from agricultural field to village Mitana and when they reached nearby canal, on the way to village Valasan, the assailants who were hidden behind the bushes, assaulted them viz., A -1 had an Axe; while A -3 had sickle, A -2 had a dhariya and other accused had sticks and the complainant was assaulted by A -1 with axe. He was given two blows on his head by A -1 with Axe and other persons had beaten him with stick, while Hajuben Jemalbhai, who tried to intervene and save the complainant, also received injuries with the weapons.

(3.) The chargesheet was filed before the learned JMFC, who committed the case to the Sessions Court, where it was tried as Sessions Case No. 14 of 2001.