STATE OF GUJARAT Vs. GOVINDBHAI VALABHAI

JUDGEMENT

(1.) This Appeal is preferred by the State under Section 378 of the Code of Criminal Procedure against the judgment and order delivered by the Chief Judicial Magistrate, Amreli, on 4th of July, 1997, acquitting all the 11 accused i.e. Respondents herein, in Criminal Case No. 118 of 1993, for the offences punishable under Sections 147, 148, 149, 325, 324, 323, 504, 447, 337, 506(2) of the Indian Penal Code.

(2.) Learned APP Mr. K.C. Shah was heard in detail in respect of this Appeal while Notices were served upon all the 11 accused, but none appears on behalf of any of the respondents. This Court has undertaken a careful scrutiny of the entire record of the Trial Court along with learned APP and after detailed scanning the evidence on record, this Appeal is being disposed of, though the respondents were served but none appears before this Court in the Appeal.

(3.) The prosecution case revealed in First Information Report offered by injured witness Gigabhai Mangabhai of village Sarambhada, Taluka Amreli, on 3rd of September, 1992 before Amreli (Rural) Police Station, which was registered as Amreli Police Station Crime Register No. I-161 of 1992. Accordingly, after the incident occurred on 3rd of September, 1992, at about 4.00 p.m. at village Sarambhada, when complainant Gigabhai Mangabhai was taken to Amreli Civil Hospital. He offered his complaint there and the said complaint is placed at Exhibit-70. The prosecution case disclosed as per the First Information Report that at about 4.00 p.m. on 3rd of September, 1992, complainant Gigabhai Mangabhai was at his residence. At that time, his neighbour and the accused Harijan Dudabhai Bhikabhai, Pithabhai Bhikhabhai, Naranbhai Bhikhabhai, Raghavbhai Bhikhabhai, Valabhai Hirabhai, Babubhai Valabhai, Haribhai Valabhai, Govindbhai Valabhai , Pratapbhai Pithabhai, Bavchandrabhai Pithabhai and Prabhaben Dudabhai, forming an unlawful assembly, came to the courtyard of the residence of Gigabhai Mangabhai. As soon as all the accused reached in the courtyard, they started abusing Gigabhai Mangabhai. Gigabhai Mangabhai requested them not to give abuse. In the meanwhile, accused No.11 Pithabhai Bhikhabhai, who had a dharia in his hand, gave a blow of dharia to Gigabhai Mangabhai which landed on his head and, therefore, complainant Gigabhai Mangabhai sat down on the ground. Accused No. 8 Raghavbhai Bhikhabhai, who had a stick in his hand, gave a blow of stick on right hand of Gigabhai Mangabhai. On account of injuries, Gigabhai Mangabhai started shouting for the help and, hence, his father Mangubhai Kalubhai Parmar and his mother Sumalben came at the place of incident running and tried to persuade the accused, but accused No.8 Raghavbhai Bhikhabhai gave blow of stick on the face of his father and, therefore, the father of Gigabhai Mangabhai also sat down on the ground. In the meanwhile, accused No.11 Pithabhai Bhikhabhai, who had a dharia in his hand, gave a blow on the head of Sumalben, mother of the complainant and, therefore, she also sat down on the ground. In the meanwhile, accused No. 7 Dudabhai Bhikhabhai also gave two blows of stick on left shoulder of Sumalben and on her back. She also started shouting. Thereupon, Amrabhai, brother of the complainant and other brothers, Mansukhbhai, Veerabhai and wife of brother Jayaben, came running at the place of incident. They intervened and persuaded with supplication to the accused not to beat any of them, but accused No. 11 Pithabhai Bhikhabhai inflicted a blow of dharia on the head of Amrabhai and accused No. 7 Dudabhai Bhikhabhai also inflicted a stick blow on left shoulder of Amrabhai, he also grounded himself. Accused No. 4 Naranbhai Pithabhai, who had a dharia in his hand, inflicted a blow of dharia on the head of Mangabhai and he was also grounded. Accused No.7 Dudabhai Bhikhabhai inflicted a blow of stick on right hand of Jayaben and she also on account of injury sat down on the ground. Accused No.5 Haribhai Valabhai, who had a stick in his hand, inflicted a blow of stick on the back of Veerabhai and he also sat down on the ground on account of injury. Accused No.1 Govindbhai Valabhai, who had an iron pipe in his hand and accused No.3 Pratabbhai Pithabhai, who had also an iron pipe in his hand, were present there. Accused No.2 Bavchandbhai Pithabhai had an iron rod in his hand. Accused No. 9 Prabhaben had also a rod in her hand and accused No. 10 Valabhai Hirabhai and accused No.6 Babubhai Valabhai had bricks with them and with those weapons they started beating prosecution witnesses at random. All the seven persons of the family, who were injured, started shouting and therefore independent witnesses Kantilal Jetashankar, Hasmukh Jetashankar, etc. came running at the place of offence and persuaded all the 11 accused, and on their persuasion, accused left the place of incident. While the accused were leaving from the scene of offence, all of them threatened Gigabhai Mangabhai Complainant that on that day he could escape but he would be done to death in future. Thereafter, all the seven injured, in private vehicle, came to the hospital at Amreli for treatment. For the reasons of occurrence of this incident, it is stated in the FIR that, on that day, wife of complainant Gigabhai Mangabhai and wife of accused Dudabhai Bhikhabhai have altercations about the water, which was dropping on the house of the accused from the roof of the house of the complainant and which quarrel ensued in the above said incident, for which the complaint came to be filed. The said complaint was investigated by Natwarsinh Govindsinh Rajshi, the then PI of Amreli (Rural) Police Station and after investigation, he submitted the charge sheet for the above said offences against all the 11 accused.