RABARI SAJAN JINA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is filed against the judgement and order dated 10. 6. 2002 passed by the learned Additional Sessions Judge, Fast Track Court, Junagadh, in Sessions Case No. 110 of 2000.

(2.) HEARD learned counsel for the parties. The case rests of the testimony of child witness. The child witness is of the age of 12 years. He has been administered oath which is against law. A child of 12 years could not have been administered oath. The first illegality of the trial Court is to that extent. The injuries which are sustained by the deceased are 13 in number but only one injury is said to be fatal. There are four accused persons. It is difficult to assign the particular role to any one of the accused persons. All four accused persons are behind the bars since approximately eight years.

(3.) PER contra learned A. P. P. has submitted that as per the prosecution case there was a dispute between the parties with regard to right of way. Thus, there was enmity between the parties.