STATE OF GUJARAT Vs. GUMANBHAI CHHITABHAI VASAVA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) ON 29.3.1981 the complainant " Parshottambhai and his son Dipakbhai went to village Tharia where they had their agricultural lands. It is their case that the Sarpanch of the said village has called them and when they were going to their fields accused Nos.1 to 8, who were in guava tree attacked the complainant and others pursuant to which the accused persons were prosecuted and convicted by the learned Judicial Magistrate First Class, Ankleshwar vide judgment and order dated 31st March 1983. Being aggrieved by the said judgment, accused have preferred appeal before the Additional District Sessions Judge being Criminal Appeal No.8 of 1993. After considering the evidence at length, the learned Additional Sessions Judge was of the view that the evidence on record is not sufficient and reliable and trustworthy to bring home the charge against the accused beyond shadow of reasonable doubt against them. The accused Nos.1 to 3 who were convicted by the learned Magistrate were acquitted by the learned Sessions Judge by his judgment and order dated 31st May 1985.

(3.) IT is a case wherein the learned Magistrate, after trial, has recorded a finding of conviction. The conviction recorded by the learned Magistrate is challenged in appeal by the accused. In appeal, the learned Sessions Judge was of the opinion that the accused is not liable to be convicted. Hence, acquittal was recorded by the Sessions Judge. The State has filed this appeal proposing to reverse the order of the learned Sessions Judge who recorded acquittal. The offence is alleged under Sections 323, 324 and 325 of the Indian Penal Code. The incident had occurred on 29th October 1981.