STATE OF GUJARAT Vs. KISHORBHAI PRAFULBHAI RABARI

JUDGEMENT

(1.) Instant Criminal Appeal is preferred by the State under Section 378 of the Code of Criminal Procedure, being aggrieved by the judgment and order dated 9th of April, 2004, delivered by learned Additional Sessions Judge, Fast Track Court No.1, Bhavnagar, in Sessions Case No. 69 of 1995, whereby all the three respondents herein, being accused of the Sessions Case, came to be acquitted by the Trial Court, for the charges levelled against them under Sections 326, 324, 307, 394, 397, 364 to read with Sections 34 and 114 of the Indian Penal Code as well as under Section 135 of the Bombay Police Act.

(2.) According to the prosecution case, a complaint in the case came to be lodged on 26th of January, 1994, by complainant Ibrahim Isabhai, resident of Shihor, before Ramanbhai Kodarbhai Patel, the then working as PSI, Shihor Police Station. According to complainant, on 25th of January, 1994, at about 10.15 p.m. he closed his pan-bidi shop and was going towards a theater. While he was passing near the hotel of one Noorbhai, accused Kishorbhai Prafulbhai Rabari and accused Sukhabhai Nathabhai Rabari came near to him in a rickshaw. Accused Sukhabhai conveyed to the complainant that guest of the complainant had been to Bajrangdas Hotel and, therefore, the complainant was required to go there. Complainant boarded the rickshaw and with these two accused, rickshaw passed through Bajrangdas Hotel and halted, where two other accused, Harun Musabhai Saiyed and Rabari Dineshbhai Bababhai, also boarded in the same rickshaw along with the complainant. The rickshaw thereafter was driven from that spot and, therefore, the complainant asked the accused that where was be being taken. Accused Sukhabhai Nathabhai stated that complainant was to be killed on that day. Complainant requested to stop the rickshaw, but accused Harun Musabhai took out a knife and threatened the complainant to keep mum. Rickshaw thereafter came out of the town and near hills in one plain rickshaw was halted and complainant was asked to get down from rickshaw. Complainant was directed to take out his clothes. Complainant refused to take out his clothes and, therefore, accused Harun Musabhai started beating the complainant with sticks and belt and he also started to undress the complainant. Complainant asked these four persons the reasons for beating him. The accused stated that the complainant was not paying them money as demanded by them and, therefore, he was to be killed on that day. Accused Dineshbhai Bababhai Rabari attempted to throttle the complainant and accused Kishorbhai Prafulbhai Rabari started digging ditch. Harun Musabhai and accused Dineshbhai took out knife and they were about to inflict injury, complainant requested them that what amount they needed and that he was prepared to give the money. Accused Dineshbhai Rabari demanded Rs. 1 lakh, but complainant stated that he had Rs. 20,000/- at his house and remaining amount would be paid by him on next month and, therefore, the complainant was made to sit in the rickshaw again and was set free near Dholakia street. The complainant had been to his house, had taken the amount and Rs. 20,000/- from his house and was paid by him to accused Kishorbhai Rabari. At that time, all the four persons threatened the accused that if complainant attempted to file a complaint, he would be done to death and thereafter all the four persons had driven away in the said rickshaw. The complainant noted the number of rickshaw to be GJ-4-T492. Complainant thereafter went to Primary Health Center at Shihor and was taking treatment at Primary Health Center. Head Constable C.L. Padvi came to know about this incident and conveyed to Ramanbhai Kodarbhai Patel, PSI, who reached at Primary Health Center and recorded the complaint of the complainant and a crime came to be registered. The investigation was entrusted to PW-15 Ramanbhai Kodarbhai Patel and ultimately a charge sheet came to be filed against four accused. It appears that accused Harunbhai Musabhai died on 26th of July, 1999 and, therefore, trial appears to have abated against him and was proceeded against the present three respondents. The said criminal case was committed to the Court of Sessions and was registered as Sessions Case No. 69 of 1995 and was made over to the Additional Sessions Judge, Fast Track Court No.1, Bhavnagar, who framed charges against three accused - present respondents on 30th of June, 2003 and accused pleaded not guilty to the above said charges and, therefore, they were put to trial. The prosecution examined as many as 15 witnesses to prove its case and produced on record necessary documentary evidence. Evidence was being over, statement of each of the respondents, under Section 313 of the Code of Criminal Procedure, was recorded by the Trial Court, wherein their defence was of total denial and thereafter the learned Trial Judge heard the prosecution as well as the defence and came to the above conclusion and, hence, this Appeal by the State against the order of acquittal.

(3.) Learned APP Mr. K.P. Raval was heard at this stage in detail. We have summoned Record and Proceedings from the Trial Court, which is available with us. We have gone through the evidence recorded minutely even at this stage and have scanned the reasons assigned and the conclusions arrived at by the Trial Court for acquittal. We have also re-appreciated the evidence.