STATE OF GUJARAT Vs. MAHESH

JUDGEMENT

(1.) The present appeal is filed by the State against the order of acquittal dated 25th March, 1981 passed by the learned AddI. City Sessions Judge. Court No.9, Ahmedabad in Sessions case No. 15/81. Both the accused-respondents were charged for the offence punishable under section 302 read with section 34 of the Indian Penal Code.

(2.) The short facts of the prosecution can be stated as under:

(3.) The incident took place on 20.8.1980 at about 4.00 or 4.30 p.m. at Parsi Gali, behind Gujarat Samachar Building, Near Khanpur Ahmedabad. It is the prosecution case that on the date of the incident at about 4.00 or 4.30 p.m. the complainant Mahesh Kalidas Thakore was chit-chating with Ramesh Shantilal by standing at the naka of Parsi Gali, The accused Nos. 1 and 2 were standing at a distance when deceased Dashrath passed from there and at that time the accused No.2, stopped him by stretching his hands. The accused No. 1 was also present there and he took out a Rampuri knife from the right hand side pocket of his pant and gave a blow with the same in the chest of the deceased. The accused No.1 also tried to give another blow with the said Rampuri knife but the deceased tried to protect himself and as such as he had an injury on the right hand palm.It is the prosecution case that the complainant Mahesh Kalidas Thakore, Ramesh Shantilal and Chandulal Chimanlal went there running and in the meantime the accused fled away from J.P. Chowk towards Rustamji Slope. The complainant ran after the accused but they could not be caught. He again came to the place of the offence when the deceased Dashrath was lying there, and he was profusely bleeding. On hearing the shouts Balvantbhai Naranbhai, brother of the deceased Dashrath and his sister Chanchal came there. Chanchal ben bandaged the wound with the help of her saree and Dashrath was taken to V. S. Hospital by Balvantbhai Complainant Mahesh as well as Kantilal also went there in another rickshaw after five minutes and they found that Dashrath had died.