SARDARSINH RATANSINH BARIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is filed against the judgement and order dated 1. 5. 2000 passed by the learned Additional Sessions Judge, Panchmahal at Godhra in Sessions Case No. 256 of 1999.

(2.) BRIEFLY stated the prosecution case is that on 20. 6. 1999 at about 4. 00 p. m. , the deceased Mangalsinh was assaulted by the accused and he darted an arrow on his abdomen. The deceased tried to take out the arrow but the blade portion of arrow was sunk inside the abdomen and due to that the injured succumbed to the injury. The case of the prosecution is that the other co-accused assaulted family members of the deceased who were convicted individually for lesser offence and they have not preferred any appeal. There was a cross-case filed against the complainant-party and in the course of the same transaction, the accused had received serious injury on his head. The dispute was outcome of land which was in possession of the accused.

(3.) THE admitted position in this appeal is that there was only one injury caused by arrow and the accused was seriously injured having bleeding injury on the head. There was cross-complaint filed by the relative of the accused against the deceased and the complainant, who was the brother of the deceased and he has lodged FIR. He was examined by the prosecution. S. P. W-10 Exh. 35 Shri Gopalsinh Raghesinh Baria. This witness has supported the case of the prosecution but has failed to explain the injury on the person of accused and other two co-accused. The theory of right of private defence was put in cross-examination suggesting that the complainant's side was the aggressor.