STATE OF GUJARAT Vs. MAHESHBHAI VALLABHBHAI MISTRY

JUDGEMENT

(1.) The present appeal under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973, has been preferred by the appellant- State and is directed against the judgment and order of acquittal dtd. 17/1/2003 passed by the learned Additional Sessions Judge, Navsari, in Sessions Case No.90 of 1997, whereby the learned Sessions Judge acquitted the respondents original accused nos.1 to 4 from the charges levelled against them for the offences punishable under Ss. 307, 323, 504, 506(2) read with Sec. 114 of the Indian Penal Code.

(2.) It is the case of the prosecution that the complainant Harshadbhai Chimanbhai Panchal had filed a complaint, inter alia, stating that on 14/6/1997 at around 4 O'clock in the evening, since it was raining, the complainant and his family had gone to visit the house of his brother-in-law Mahendrabhai Narsinhbhai Mistry, and in the late night, the complainant's brother Ashokbhai and his wife Binduben had come to their house. It is stated that on the next day in the morning, the sister-in-law of the complainant, namely, Binduben, had gone to Vasi and his brother Ashokbhai had gone to the workshop. It is further stated that on 15/6/1997 at around 4:30 in the evening, the relative and cousin brother of the complainant, namely, Maheshbhai Vallabhbhai (i.e. the accused no.1), who resides in the neighborhood, had obstructed the storm-water drainage in the chowk (common area) by placing bricks, causing water blockage, and upon objection raised to it by the complainant's brother Ashokbhai, the accused No.1 Maheshbhai, along with his wife Ilaben (accused No. 3) and his father Vallabhbhai (accused No. 2), acted with severe agitation, verbally abused and threatened the complainant's brother Ashokbhai of dire consequences. Subsequently, at around 6 O'clock in the evening, when the complainant returned home, the incident was reported to him by his brother Ashokbhai, and when he and his brother Ashokbhai proceeded to remove the obstruction, the accused no.1 Maheshbhai, with premeditated malice, inflicted a direct blow with an iron pipe on the chest of Ashokbhai, due to which, Ashokbhai fell down unconscious on the ground and sustained injuries. Thereafter, when the complainant attempted to intervene and rescue his brother, all the three accused Maheshbhai, Ilaben and Vallabhbhai, acting in furtherance of their common intention, assaulted the complainant with kicks and fists, and extended death threats stating, "You and Ashok will be killed". Thereafter, upon arrival of several individuals from the locality, namely, Arvindbhai Gandhi, Jiteshbhai Panchal, Rameshbhai Lad, as well as the complainant's mother Manharben, the accused persons fled away from the scene of offence.

(3.) It is the case of the prosecution that the injured was rushed to the hospital, and thereafter the complainant (PW-3) Harshadbhai Chimanbhai Panchal had filed the complaint before the Chikhli Police Station on 16/6/1997.