STATE OF GUJARAT Vs. AMRABHAI MADIYABHAI DAMOR

JUDGEMENT

(1.) This acquittal appeal has been filed by the State challenging the judgment and order dated 28.1.1994 passed in Sessions Case No.68/1993. By the aforesaid judgment, original accused have been acquitted of the charge under sections 143, 147, 148, 302, 323, 149 of the IPC and under section 135 of the Bombay Police Act.

(2.) Navlabhai Tejiyabhai Sangadiya Filed Complaint Before The police station alleging that on 23.2.1993, he along with his brother Bhudiya, Mangu and others had gone to village Gamla to attend the wedding. While returning when they went to accused no.1 Amra Madiya's place as his son's marriage was scheduled on that day, his brother Mangu was detained and handed over to police by Amra Madiya and others. Since his brother was handed over to the police on the following day i.e. on 23.2.1993, he along with Pidiya and others went to question him as to why his brother was handed over to police. Both of them returned to the village and went back at Amra Madiya's place at around 4 in the evening with others. At this point of time Amra Madiya and Tejiya Madiya, accused no.1 and 2 were carrying a dhariya, Kanu Madiya and Manu Madiya were carrying bow and arrow. They started accusing Pidiya Ditiya and attacked him with the dhariya. When Pidiya ran towards the hillock, Amra Madiya and Tejiya Madiya accused no. 1 and accused no.2 hit him on his head with the dhariya, Suresh Rama was attacked by Mesu Bhavla and Ditiya Narsing accused no. 5 and 6 with bow and arrow. Suresh suffered injuries on the cheek as a result of hit by arrow. The others Mangaliya Nura, Bhudiya Tejiya, Raman Mathur in order to escape the attack ran towards the house of Sarpanch. In the meantime, the other villagers gathered at the scene. Pidiya Ditiya succumbed to his injuries. Suresh Rama who was injured also succumbed to the injuries.

(3.) Charge was therefore, framed at exh.3, whereby six accused were charged for offence under sections 147, 148, 149, 302 read with section 34 of the IPC for causing death of Pidiya Ditiya and Suresh Rama and injuries to others with deadly weapons on their hand.