STATE OF GUJARAT Vs. SITARAM ZIPRU PATIL

JUDGEMENT

(1.) The present acquittal Appeal has been filed by the State, under Section 378 Cr. P.C., against the Judgment and order dated 9.8.1995, rendered in Criminal case No.1975 of 1991 by learned Judicial Magistrate, First Class, Jambusar. The said criminal case was registered against the present respondent for the offence punishable under Sections 451, 427 504 and 114 of Indian Penal Code. The said Judgment of the trial Court has been challenged by the State on the ground that the Judgment and order passed by the learned Magistrate is against the law and evidence. It is also contended by the State that the duty of the Police personnel is to protect the life and properties of the citizen and they have no right to damage the property or household articles like T.V., watch, etc., that the learned Magistrate has erred in giving undue importance to the minor omission and contradiction appearing in the evidence of the prosecution witnesses and also erred in holding that identification parade was not conducted according to the procedure.

(2.) According to the prosecution case the original complainant has filed complaint on 1.11.1990. It is contended by the complainant that on 1.11.1990 Thursday at around 6.00 o'clock in the early morning four police personnel came to her residence and asked to open the door. She has not opened the door because she was alone in the house as her husband, along with children, were sleeping in their another house. Therefore, the police has opened the door, situated at the back side of her house, and entered the house of the complainant and ransacked the T.V., cup-board, radio, clock, glasses, etc. by giving blows with the buts of the Rifles and caused damaged. She was also abused by all the four police personnel. Thereafter, they ran away.

(3.) On completion of investigation, the police filed charge-sheet. During trial, the statements of witnesses were recorded. Plea were record at Ex.2 to Ex.5. In support of the case, the prosecution has produced documentary as well as oral evidence of the prosecution witnesses. The prosecution has examined the complainant at Ex.20. The complaint was exhibited at Ex.21. The prosecution has also examined witness Usmanbhai Haji Mirsab at Exh.25, Bharatbhai Jagmohandas Akruwala, Mamlatdar & Executive Magistrate at Exh.26, before whom the identification parade of the accused was held, the panchnama of identification was produced at Exh.27. The prosecution has also examined Vasantbhai Gordhanbhai at Exh.28, as panch witness and the panchnama of scene of offence is produced at Ex.29. The prosecution has also examined Dawoodbha Noorbha, Ex.30, Balubhai Mithabhai Ex.31, as panch witnesses. The prosecution has thereafter examined P.S.I. Khemabhai Arjunbhai Patel, at Exh.32, who has taken the complaint of the complainant and registered the offence against the accused. Thereafter, the trial Court has recorded the statement of the accused u/s. 313 Cr. P.C. At the conclusion of the trial, after considering the oral as well as documentary evidence led by the parties and arguments advanced, the learned trial Judge, vide impugned Judgment and order acquitted the accused persons. The said Judgment and order has been challenged by the State by way of present Appeal u/s.378 of Cr.P.C.