STATE OF GUJARAT Vs. PUNJAJI MUDUJI CHUDASAMA DARBAR

JUDGEMENT

(1.) THE present appeal has been filed by the State against judgment and order dated 16.6.1989 passed by the learned Sessions Judge, Junagadh in Sessions Case No.143 of 1988, whereby the learned Sessions Judge has acquitted the accused of the charges levelled against them.

(2.) THE case of the prosecution as per the charge framed is to the effect that on 18.8.1988 early in the morning at 6.30 a.m., the accused -respondents have formed a common intention at village Aarena to commit the murder of Karsan Arjan and, in furtherance thereto, accused Nos. 1 and 2 have caused injuries to Karsan with knives and accused No.3 has caused injuries by an ax which were sufficient in the ordinary course of nature to cause death and further the accused No.1 has abused deceased Karsan and has also administered threat to Maisur Karsan and thereby in abatement to each other have also committed the breach of the notification issued by the District Magistrate and thereby have committed offences as alleged.

(3.) THE incident has taken place near bus stand of Aarena village early in the morning at 6.30 a.m. and there are as many as six witnesses residing nearby. Pertinently, deceased Karsan was the Sarpanch of village Aarena. Complainant - PW 1 Hira Keshu happens to be the father of one Arjan who married with the daughter of deceased Karshanbhai. It is the case of the complainant that at 6.00 a.m., he used to go to dairy to supply milk and on the date of incident also, he started at 6 O'clock taking milk in a cane in his hand on his feet. He reached on the road going towards Aarena village and he had seen his 'Vevai' coming on cycle. Soon after Karsan threw his cycle and rushed towards cycle and the complainant had seen all the three accused running after Karsanbhai. It is alleged that Karsanbhai was then caught and all the three accused have caused injuries to him. He also says that he had seen Hardas Bhoja and Vansa Jiva nearby. He then says that a rikshaw came and all the three accused sat in it and went towards Mangrol.