STATE OF GUJARAT Vs. PATEL JAGABHAI ISHWARBHAI

JUDGEMENT

(1.) The appeal is admitted. Mr. Y.M. Thakore on behalf of Mr. P.K. Jani, learned Counsel, waives service of notice of admission on behalf of respondents No. 2 to 8. At the request of the learned Counsel for the parties and in the facts and circumstances of the case, the appeal is being heard and finally decided today.

(2.) By filing the above referred to criminal appeal under Section 378 of the Code of Criminal Procedure 1973, the appellant - State of Gujarat has challenged the judgment and order dated September 20, 2004 of the learned Additional Sessions Judge (5th Fast Track Court) Mehsana rendered in Sessions Case No. 91 of 2004 whereby all the eight respondents herein (original accused) have been acquitted of the offences punishable under Sections 147, 148, 149, 323 and 302 of the Indian Penal Code and Section 135 of the Bombay Police Act.

(3.) Briefly stated, the case of the prosecution is that a complaint came to be registered on March 24, 1997 at Mehsana Taluka Police Station vide Crime Register No. 95 of 1997 by the complainant Rameshbhai Bhikhabhai to the effect that the respondents herein had gathered near the pond at village Panchot, near the road leading from Panchot to Hardesan village, in furtherance of their common object to injure the complainant and his witnesses and with that object they had formed an unlawful assembly. It is further stated that the accused persons, who were having lethal weapons and with an intention to injure Sadhu Laxmanbhai Shantibhai, caused grievous hurt by a cricket bat and stumps on him. The injured witness i.e. Sadhu Laxmanbhai Shantibhai ran to save his life and the complainant and deceased Bhikhabhai Shantilal intervened, upon which the accused persons got excited. It is stated that the accused No. 1 and 2 gave blows with a cricket bat on the head of Bhikhabhai and the other accused gave blows with stumps to the deceased Bhikhabhai, who succumbed to the injuries sustained by him.