STATE OF GUJARAT Vs. PATEL VALLABH KURJI

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 of acquittal dated 21st April 1994 passed by the learned Addl. Sessions Judge, Rajkot in Sessions Case No. 46 of 1986 by which the learned trial Judge has acquitted the original accused-respondents herein from the charge punishable under Sections 302, 307, 147, 148, 159 of the Indian Penal Code ["IPC" for short] and Sections 37 [1], 135 of the Bombay Police Act.

(2.) The brief facts of the case as unfolded from the case of prosecution is that, in the evening of 6th June 1986, between 7:45 and 8:00 pm., at village-Virnagar of Jasdhan Taluka, in furtherance of previous enmity between the injured witnesses and deceased on the one side and the respondents-accused on the other, on a trivial issue of cattle rearing, the respondents [accused persons] who were armed with deadly weapons like scythe, spear, pipe, wooden stick etc., formed an unlawful assembly with a sole object to kill the deceased Rama Hira and witness Sonda Hira and attacked them. It is alleged that the accused no.1-Patel Vallabh Kurji was armed with scythe; accused no. 2- Patel Ratilal Kurji was armed with spade; accused no. 3- Patel Narsi Bana was armed with spear; accused no. 4- Patel Chhagan Harji was armed with raap (a kind of ploughing tool) and accused nos. 5 to 8 were armed with wooden sticks and pipes, assaulted Rama Hira and Sonda Hira and accused no. 9 to 12 provoked them in this act saying "kill them, slaughter them". Victim Rama Hira died on the spot due to injuries and Sonda Hira and another witness to the incident sustained injuries. As Anuben, w/o deceased-Rama Hira lodged a complaint against the accused persons, an offence was registered against them vide C.R. No. 65/86 of Jashdan Police Station under Sections 302, 307, 34, 147, 148, 149 of the IPC read with Section 37 (1), 135 of the Bombay Police Act. During the investigation, the accused persons were arrested for the said offence and thereafter, they came to be released on bail by the Sessions Court. During the investigation, Investigating Officer drew panchnama of the scene of offence and also inquest panchnama of the dead body of the deceased. Weapons were seized from the accused persons and statement of the witnesses were also recorded. On the completion of the investigation, charge-sheet was submitted against all the accused under different sections of Indian Penal Code. The offence alleged being triable by the Court of Sessions, the case was committed for trial on 17th November 1986 to the Court of learned Sessions Judge at Rajkot. The Trial Court framed charges against the respondents herein [12 in number] for an offence punishable under Sections 302, 307, 147, 148, 149 IPC. At trial, accused pleaded not guilty and claimed to be tried. In the trial held, 33 witnesses were examined by the prosecution, enlisted hereunder:- <FRM>JUDGEMENT_334_LAWS(GJH)12_2017.html</FRM>

(3.) That, on overall appreciation of evidence - both ocular as well as documentary, the trial Court by the impugned judgment and order dated 21st April 1994 held that the charges levelled against the accused have not been proved beyond all reasonable doubt. Accordingly, all the 12 accused came to be acquitted.