STATE OF GUJARAT Vs. BALAJI BALVANTJI THAKORE

JUDGEMENT

(1.) The present Appeal under Section 378 of the Code of Criminal Procedure, 1973 ["CrPC" for short] has been preferred by the appellant-State of Gujarat against the impugned judgment and order dated 18th September 1995 passed by the learned Addl. Sessions Judge, Mehsana Camp at Patan in Sessions Case No. 200 of 1995 by which the learned trial Court has acquitted the original accused-respondents herein from the charge punishable under Sections 302, 324, 504 of the Indian Penal Code ["IPC" for short] and Section 135 of the Bombay Police Act.

(2.) The brief facts of the prosecution case are such that, the complainant - Chandanji Karamshiji resides and carries out agricultural activities in Datarwada village of Harij Taluka, Mehsana. The aunt of the complainant [deceased] stays in the neighbouring house and is a widow lady, at whose house, one Chamaji Balwantiji Thakore [accused] of the same village used to frequently visit her. On 18th May 1994, as per his routine, the accused went to the aunt's house at around 5:30 pm. After which, the complainant questioned the accused about the reasons of his frequent visits to his aunt's house. This aggravated the accused and he inflicted a knife blow on the abdomen of the complainant. At this, the younger brothers of the complainant came there to save him, however, in the meantime, Balaji Balwantji Thakor came running towards the scene and hit Khengavaji on his head with a stick which he was carrying. Amrutji Balwantji Thakore also came in and started abusing the complainant and cheered for the accused to keep beating the latter. On hearing the chaos, the residents of the village came out to assess the reason of chaos. On seeing the incoming villagers, the accused persons fled from the scene of offence. Since the injuries sustained by the complainant were serious, and therefore, he was rushed to the Govt. Hospital for medical treatment, where he got registered the complaint.

(3.) On the basis of the complaint of the complainant, an offence was registered against the accused persons at Harij Police Station diary vide I-C.R. No. 50/1994. Thereafter, during the investigation, statement of the concerned witnesses were recorded, necessary panchnamas were drawn and at the end of the investigation, as it was found that the accused had committed the alleged offence, charge-sheet was laid before the trial Court.