STATE OF GUJARAT Vs. BHURABHAI DHARAMSHIBHAI SURELA

JUDGEMENT

(1.) The present appeal preferred under Sec. 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dtd. 31/1/2003 passed by the learned Additional Sessions Judge, Amreli, in Sessions Case No.118 of 2000, whereby the learned Sessions Judge acquitted all the accused persons from the charges levelled against them for the offences punishable under Ss. 302, 324, 504, 147, 148 and 149 of the Indian Penal Code.

(2.) It is the case of the prosecution that the complainant Popatbhai Gobarbhai Koli had filed a complaint, inter alia, stating that on 3/6/2000 at around 9 O'clock in the night, there was an uproar/ruckus in the vicinity, therefore, he came out of his house, where he saw exchange of words between his uncle - Kalubhai Manjibhai, his cousin - Naranbhai Savjibhai, and the accused Bhurabhai Dharamshibhai, Babubhai Bhurabhai, Bhupatbhai Bhurabhai and Dakubhai Bhurabhai. It is further the case of the prosecution, as per the complaint, that the accused persons were quarreling regarding collection of firewood and hurling abuses, therefore, the complainant had told them not to utter filthy language.

(3.) On the basis of the complaint, an offence came to be registered against the respondents-accused for the offences punishable under Ss. 302, 324, 504, 147, 148 and 149 of the Indian Penal Code vide I-CR No.37 of 2000 registered before the Dhari Police Station. Thereafter, the investigation commenced and the Investigating Officer prepared a panchnama of the place of the incident (Exh.39), inquest panchnama (Exh.46), arrest panchnama of the respondents-accused (Exh.40), took the blood samples of the deceased for examination vide panchnama (Exh.48), muddamal panchnama (Exh.54) and recorded the statement of the relevant witnesses.