STATE OF GUJARAT Vs. SATTARBHAI ISHABHAI

JUDGEMENT

(1.) THE appellant - State of Gujarat has filed this Appeal challenging the judgment and order of acquittal passed by the learned Additional Sessions Judge, Fast Track Court, Gondal in Sessions Case No.88 of 2000 dated 01.03.2005.

(2.) THE facts, in brief, from the judgment are such that on 19.02.2000, the P.S.O., Dhoraji Police Station received telephonic message from Dhoraji Government Hospital that one Ravjibhai Panchabhai of Moti Marad consumed poison and expired. He registered accident case as C.R.No.00/2000 under Section 174 of the Code of Criminal Procedure, 1973. Since the incident had taken place within Patanvav Police Station, the papers were forwarded to the Patanvav Police Station. The investigation was then handed over to Circle P.I. of Dhoraji Police Station, who recorded the statement of Devabhai Virambhai Ahir on 09.03.2000 who stated that deceased Ravjibhai Panchabhai had his agricultural land in Udakiya village, that he had encroached Government land, that since he was taking away sand from the pond of the village Udakiya without paying royalty, Sarpanch of the Village Sattarbhai - respondent No.1 and other persons abused him and beat him with stick and balika and said, "Government land does not belong to your father", "if you take away sand from the pond without paying royalty, will break your legs in two pieces". "You die otherwise we will kill you". Shri Devabhai further stated that after saying this, the accused left, that because of the fear Ravjibhai then consumed pesticides and committed suicide and had written a chit disclosing the reason for his death. Since the statement of Devabhai revealed cognizable offence, C.P.I Dhorajibhai recorded the same in the form of complaint and sent it to Patanvav Police Station. The P.S.O., Patanvav Police Station took the said complaint on F.I.R. register on 09.03.2000 and registered the said complaint as C.R No.17/2000 and handed over investigation to C.P.I., Dhoraji who after making panchnama and recording the statements of witnesses and on completion of investigation filed charge sheet in the Court of learned Judicial Magistrate First Class, Dhoraji on 17.03.2000 under Sections 306, 143, 144, 147, 352, 323, 504, 506(2), 201, 202, 204 and 114 of the Indian Penal Code. The said charge sheet was registered as Criminal Case No.376/2000. As the Sessions Court had jurisdiction to try the offences for which the charge sheet was filed, the learned Magistrate passed order dated 30.06.2000 below Exh.17 under Section 209 of the Code committing the case to the Sessions Court, Gondal, where it was registered as Sessions Case No.88 of 2000. The case was then transferred to the Court of the learned Fast Track Judge, Gondal.

(3.) THE learned Judge framed the charge against the respondents at Exh.12 on 21.8.2004 for the above -stated offences under the Indian Penal Code. The appellants did not plead guilty and, therefore, put to trial.