STATE OF GUJARAT Vs. KHERUNBEN GULABKHAN PATHAN

JUDGEMENT

(1.) Leave to Appeal granted. Appeal is Admitted. Learned Advocate Mr. M.A. Sappa for learned Advocate Mr. L.R. Nathan waives for respondents No. 1 to 3 and 6 while respondents No. 4, 5 and 7 to 11 are not represented by Advocate. However, having regard to the facts and circumstances of the case, we dispensed with the admission notices to be issued upon Respondents No. 4, 5 and 7 to 11.

(2.) Instant Appeal is preferred by the State under Section 378 of the Code of Criminal Procedure against the judgment and order delivered by learned Additional Sessions Judge, Fast Tract Court No.4, Bhavnagar, on 28th of February, 2005, in Sessions Case No. 47 of 1998, whereby all the 10 respondents herein came to be acquitted by the Trial Court for the offenses punishable under Sections 143, 147, 148, 149, 323, 324, 504, 436 and 427 of the Indian Penal Code as well as for the offence punishable under Section 135 of the Bombay Police Act. Original accused No.11 Anwarkhan Gulabkhan died during trial and, therefore, trial was abated as against.

(3.) As per the prosecution case, the incident occurred at Bhavnagar near Motitalav, Mafatnagar, Kumbharvada, on 5th of March, 1991 at about 19.00 hours. Complaint came to be recorded of injured Rekhaben Boghabhai at Bhavnagar 'A' Division Police Station at 22.15 hours on 5th of March, 1991. According to prosecution case, complainant, her father and mother and brothers were at their house near Kumbharvada and in the evening when her father was milking cow behind their house and her mother was near the cow with calf, accused came with weapons like dharia, sticks, clubs, etc and started abusing Boghabhai, father of the complainant. One of the accused inflicted a dharia blow on the head of Boghabhai and second blow was inflicted on right shoulder. Some other injuries were also caused by club to Boghabhai and, therefore, Boghabhai had fallen on the ground. Accused No.3 Amulakh @ Shetti Bachubhai inflicted dharia blow on Boghabhai, but that was landed on right hand because the blow was parried by Boghabhai. Thereafter, accused No.3 also inflicted a dharia blow on front part of head of Liliben, mother of the complainant. All the accused were beating parents of the complainant. At that time, neighbours Manjuben, Subhanben, Devayat, uncle of complainant, Devshi, etc intervened and accused ran away. The injured were taken to hospital where they got treatment. Thereafter also, according to complainant, accused had entered into the house of complainant and their household goods was burnt. The cause of dispute was some amount, which was due to the complainant from the accused. Crime came to be registered being CR No. 69 of 1991 at Bhavnagar 'A' Division Police Station and investigation was entrusted to N.K. Patel, Police Inspector, Bhavnagar 'A' Division Police Station and ultimately a charge sheet came to be filed in the court of Chief Judicial Magistrate, which was registered as Criminal Case No. 2176 of 1991 and the said case thereafter was committed to the Court of Sessions, which was registered as Sessions Case No. 47 of 1998.