STATE OF GUJARAT Vs. RUPA GANGA AYAR

JUDGEMENT

(1.) . The appellant-State of Gujarat has preferred this appeal under Section-378 of the Code of Criminal Procedure, 1973 ("the Code" for short), against the judgment and order of acquittal passed by the learned Additional Sessions Judge, Kutch at Bhuj, in Sessions Case No.59/1992, whereby all four respondents-original accused have been acquitted of the charge under Section-302 read with Section-34 of the Indian Penal Code, 1860 ("the IPC" for short).

(2.) The case of the prosecution, in brief, is that the first informant, Bhara Kaya Ayar, made a complaint before the Adhoi Police Station on 26.05.1992 at 9:30 a.m., to the effect that his younger, brother Jasha Kaya Ayar (the deceased), was cultivating the "vadi" (field) of Amra Megha (PW-7) at Gharana and used to live at the said field. The first informant was sleeping in his house on 26.05.1992 when, at about 3:00 a.m. Amra Megha, from village Gharana, accompanied by Kana Ganesh Ayar, came to his house. They informed him that Amra Megha was irrigating the crop of "Rajko" (fodder) in his field and the deceased was sleeping outside the hut in the said field. At about 12:30 p.m. Amra Megha heard the deceased shouting "Bachao bachao" ("save me, save me"), Amra Megha ran to the hut of the deceased and saw the deceased lying on the ground. Rupa Ganga Ayar, Kana Ganga Ayar, Viram Vaja Rabari and Rana Kana Ayar (respondents-original accused Nos.1 to 4), all of whom had sticks in their hands, were beating the deceased, who was shouting. As soon as Amra Megha came, he asked "who is there and why are you beating him? Leave him", upon which all four accused ran away. Amra Megha saw that the deceased was lying on the ground, bleeding profusely and writhing. Immediately thereafter, he died. Amra Megha left the deceased at the spot and came to Gharana village, where he disclosed the incident to Kana Ganesh (PW-9) and Bhaya Bhima (not examined). All three then went to the house of the first informant and informed him regarding the incident, stating that Amra Megha (PW-7) had witnessed the incident and recognized all four accused persons. Thereafter, the first informant and his brother, Rana Kaya, accompanied by Amra Megha (PW-7), Kana Ganesh (PW-9) and Ganesh Lakha, took a "Chhakdo" (one kind of conveyance with six wheels used in rural area) and proceeded towards the field of Amra Megha (PW-7). When they reached there they saw the deceased dead and covered with blood. According to the first informant, the motive for killing his brother was that, fifteen months prior to the incident, the deceased had hit respondent No.1 on the head with a stick and a Police complaint was filed by respondent No.1 in the Police Station in this regard. Nursing a grudge regarding this incident, as alleged by the complainant, the respondents beat his brother to death.

(3.) Investigation into the complaint commenced and a charge-sheet for the offences under Sections-302 and 34 of Penal Code was filed in the Court of the learned Judicial Magistrate, First Class, Bhachau. As the case was sessions triable, the learned Magistrate committed it to the Sessions Court. The learned Sessions Judge framed the charge at Exhibit-1 under Sections-302 and 34 Penal Code against the accused persons, who denied their guilt and claimed to try. Accordingly, the case was put to trial.