GAMJI GILU RATHWA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant -original accused in Sessions Case No. 43 of 1989 is before this Court being aggrieved by judgment and order dated 20.6.1992 passed by the learned Additional Sessions Judge, Vadodara, camp at Chhota Udepur.

(2.) THE incident is alleged to have taken place on 01.05.1989. The case of the prosecution is that appellant - Gamji Gilu, who was aged less than 21 years at the time of incident, had inflicted a blow with 'stick' (dang) on the head of the father of the complainant. His younger brother Sunji Gilu had also inflicted a blow with a 'Vanchhi' with blunt portion on the neck of the deceased.

(3.) AFTER inviting attention of the Court to the discrepancies in the material evidence of the so -called eye witness to the incident, namely PW 1 Vajliben, daughter of the deceased, and Himto (son of the brother of the deceased) PW 3, who, according to the case of the prosecution, were present when the blow was inflicted on the deceased by the present appellant and also by his younger brother, the learned advocate for the appellant submitted that the brother of the appellant was tried as a juvenile offender and is acquitted of the offence.