STATE OF GUJARAT Vs. DALSINGBHAI DHANABHAI BARIYA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 5/3/2001 passed by the learned Additional Sessions Judge, Panchmahal Camp - Dahod in the interconnected cross-cases arising from Limkheda Police Station C.R. No. 195/94 and C.R. No. 196/94, wherein the complainant in one case is the accused in the other, the appellant-State has preferred the present consolidated appeals under Sec. 378 of the Code of Criminal Procedure, 1973 ("the Code" for short). In the case arising from C.R. No. 195/94, the respondents-accused were acquitted of the offences punishable under Ss. 326, 323, 504, 114 of the Indian Penal Code. In the case arising from C.R. No. 196/94, the respondents-accused were similarly acquitted of the offences punishable under Ss. 324, 323, 504, 114 of the Indian Penal Code and Sec. 3(1)(10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Given the cross-case nature of these matters arising from the same incident, they are being disposed of by this common judgment to ensure a unified and comprehensive adjudication.

(2.) The brief facts leading to the filing of the present appeals, are as under:

(3.) Upon conclusion of the prosecution evidence in each, the learned Sessions Court put various incriminating circumstances appearing in the evidence to the respondents-accused for their explanation under Sec. 313 of the Code. In their further statements, the respondents-accused in both cases denied all the incriminating circumstances as false and stated that they are innocent and have been falsely implicated due to the cross-case arising from old land enmity. After examining the oral and documentary evidences and the submissions from both sides in each trial, the learned Sessions Court recorded findings in favour of the respondents-accused and acquitted them of all charges in both matters.