STATE OF GUJARAT Vs. AHER HAMIR NARAN

JUDGEMENT

(1.) J.R. Vora, J. Instant Appeal is preferred by the State under Section 378 of the Criminal Procedure Code against the judgment and order rendered by learned Sessions Judge, Jamnagar, on 29th of July, 1986, in Sessions Case No. 60 of 1984, whereby all the present five respondents, being accused of the said Sessions Case, came to be acquitted for the charges levelled against them under Sections 302 to read with Sections 149, 148 and 34 of the Indian Penal Code.

(2.) According to prosecution case, incident occurred on 13th of May, 1984, in the sim of village Retakalavad and complaint came to be filed by PW-1 Jesa Rajsinh, on 14th of May, 1984 at 8.00 a.m. before Bhanavad Police Station. According to complainant Jesa Rajsinh, his father had four brothers Rajshi Devshi, Deva Devshi, Pala Devshi and Lakha Devshi. Complainant Jesa Rajsinh had three brothers, complainant himself, Natha Rajshi and Ramshi Rajshi. Their field was situated in the sim of village Retakalavad and hardly about 2 miles from village Sanakhla, to which present respondents belonged. He knew all the respondents. Respondents were related inter se. At the time of incident, Jesa Rajsinh were crushing lumps of soil in their field to make it even to prepare the field for agricultural purposes. Witnesses Pala Devshi, Ramshi Devshi and Abha Deva were with him. He heard shouts that 'run run I am beaten'. Therefore all the four ran towards eastern boundaries of the field and near the road of village Lalparda, Pala Devshi, Abha Deva and Ramshi Rajshi were running ahead and complainant Jesa Rajsinh was following them. It was 6'O clock in the evening. Pala Devshi, Abha Deva and Ramshi Rajshi were standing 150 feet away from Lalparda road and Jesa Rajsinh reached to them. He noticed that all the five accused were standing on the road and Deva Devshi, uncle of the complainant, was lying on the ground. Jesa Rajsinh tried to go towards the accused, but his uncle stopped him and told that all the five accused had beaten Deva Devshi and also threatened them that if they tried to reach near, then they would be done to death. According to complainant, all the five had weapons in their hands. Accused Hamir Naran and accused Bhoja Naran had axes with them while accused Dana Parabat, accused Lakhu Gova and accused Samat Kesur had sticks with them. Thereafter all the five accused ran towards the road leading to village Sanakhla. Thereafter, complainant and other witnesses went near Deva Devshi, who was lying on the ground. They found that Deva Devshi was bleeding from throat, ears and from chest. His throat was cut. They tried to call Deva Devshi, but he was dead. Pala Devshi brought a cart and deceased Deva Devshi was shifted to their house. At that time, it was dark and on account of threat administered by the respondents, at that night, none of them approached police station because for going to Bhanavad Police Station, field of the accused was on way and they apprehended that the accused might kill them also. Thereafter at about 3.00 a.m. at that night, Bhaya Meraman, who was police patel, was called. Bhaya Meraman was taken by complainant Jesa Rajsinh at village Kantodia on motorcycle. They reached at the house of one Gogan Jesa at village Kantodia and he was informed that the accused had killed deceased Deva Devshi. Thereafter Bhaya Meraman, Jesa Rajsinh and Gogan Jesa, all the three, approached Bhanavad Police Station and the First Information Report was recorded at the police Station. The said First Information Report is produced on record at Exhibit , 31. Investigation was handed over to PSI N.B. Jadeja, who is examined at Exhibit , 30. As a result of investigation, a charge sheet for the above charges came to be filed against the accused in the court of Judicial Magistrate, First Class at Bhanavad, which was registered as Criminal Case No. 440 of 1984. The said Case was committed to the Court of Sessions on 28.8.1984 and was registered as Sessions Case No. 60 of 1984.

(3.) Learned Sessions Judge framed charges against all the five accused vide Exhibit -3 on 31st of August, 1985. The charge was read over to each of the accused, to which each of the accused pleaded not guilty.