STATE OF GUJARAT Vs. CHHOTABHAI BABARBHAI PARMAR

JUDGEMENT

(1.) 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, District Kheda at Nadiad, on 30th of April, 1986, in Sessions Case No. 133 of 1985, whereby all the five respondents herein being accused of the Sessions Case No. 133 of 1985 came to be acquitted by the Trial Court for the offences charged against them under Sections 302, 324, 504, 147, 148, 149 and 326 to read with Section 34 of the Indian Penal Code.

(2.) A charge sheet for the above offences came to be filed against all the accused in the Court of Chief Judicial Magistrate, First Class, on 03rd of September, 1985, which was registered as Criminal Case No. 1770 of 1985 and said Case, vide order dated 14th of October, 1985, was committed to the Court of Sessions and was registered as Sessions Case No. 133 of 1985.

(3.) Briefly depicting the case of prosecution, it is revealed that the incident in question took place on 28th of February, 1985 at village Dehgam. On earlier day of the incident i.e. on 27th of February, 1985, in the evening at about 8.00p.m. one election meeting was arranged and Congress Party Leader Fulsinh Dabhi was to address the public. People were gathered there and accused No.1 also was amongst them. Injured in this case Ravjibhai Fatabhai and complainant of this case Fatabhai Rajabhai both were present. Accused Chhotabhai Babarbhai came in the public meeting in drunken condition and started speaking in cavalier manner. Injured Ravjibhai persuaded accused No.1 and stated that the meeting was in progress and accused No.1 should attend the meeting calmly. On the contrary, accused No.1 was provoked and challenged Ravjibhai that if he wished to fight with him, Ravjibhai was free to come out. It appears that there were some altercations between the parties and public meeting was dispersed. Other persons persuaded accused No.1 and was sent to his house.