STATE OF GUJARAT Vs. BABU RAVA KOLI

JUDGEMENT

(1.) This appeal by the State of Gujarat is directed against the impugned Judgment and order dated 11-2-1995, rendered in Sessions case No. 68 of 1984 by the learned Additional Sessions Judge, Kutch at Bhuj, where in Babu Rava Koli, who came to be tried for the alleged offences punishable under Secs. 302 and 504 of I.P.C. was at the end of the trial, came to be acquitted.

(2.) To briefly narrate the prosecution case, the incident in question where Mongibai Manji and her son Harji Kesha were awarded to death by Babu Rava Koli took place on 13-5-1984 at 12-00 noon in the market of Rapar. This incident was eye-witnessed by three witnesses viz., (1) PW-4 Moti Bhura; (2) PW-5 Premji Valji; and (3) PW-7 Vaghji Karsan, who had incidentally their shops near by the scene of the incident. It further appears that somebody (not examined) from Ravechi Transport Co. Rapar, informed the police about the alleged incident which was entered as : JANVA JOG ENTRY" at 12-00 noon, which is brought on the record at Exh. 35. On the basis of this information. PW-13 P.S.I., P.S. Zala, alongwith this police personnel went to the scene of the offence, where he found one woman and one man lying in the injured condition. They were ultimately taken in a Government vehicle to Primary Health Center, Rapar, and there on inquiring from PW-12 Dr. K. D. Makwana, whether the injured Mongibai was conscious and in a position to reply, and on Doctor nodding that she was, he recorded the FIR of Mongiban at Ex. 30. This FIR is indisputably taken down PW-13 P.S.I. Zala. Finding that Mongibai was conscious and in a fit state of mind to give her statement, he also tried to contact the Executive Magistrate, to record dying declaration, however, since he was not available, P.I.S. Zala himself recorded the statement in question and answer form which is produced at Ex. 31, as a dying declaration thereafter, the injured Mongibai and her son Harji were immediately taken to G. K. Hospital at Bhuj, which we are informed at the Bar is about 100 Kms. away from Rapar. While on way to Bhuj,the vehicle was stopped at Chitrod, where PW-8 Khetahusband of Mongibai was called to accompany the injured to Bhuj Hospital. It is further the case of the prosecution that on the way, PW-8 Kheta inquired from Mongibai as to who were the assailants, to which she replied that Babu. It further appears that on the very day at 7-00 p.m., Mongibai breathed her last and her son-Harji died after four days. During the course of the further investigation, P.I.S. Zala arrested Babu Rava Koli, who also discovered the blood-stained sword from the house of PWBhura Ruda (Hastia) who happens to be his father-in-law. On the basis of this investigation, the respondent ultimately came to be chargesheeted for the aforesaid offences to stand trial before the Sessions Court, Kutch at Bhuj, wherein he ultimately came to be acquitted, giving rise to the present appeal by the State as stated above in para-1 of this Judgment.

(3.) Heard Mr. U. A. Trivedi, the learned APP and Mr. C. H. Vora, the learned Advocate appearing for the respondent-accused.