STATE OF GUJARAT Vs. MAHESHBHAI RAVJIBHAI PATEL

JUDGEMENT

(1.) BY virtue of judgment and order dated 09.08.1996 rendered by learned Judicial Magistrate First Class, Dehgam ('ld.Magistrate', for short) in Criminal Case No.760 of 1994, the ld.Magistrate acquitted the respondent -accused for the offence punishable under Section 324 and 504 of Indian Penal Code ('IPC', for short). Being aggrieved and feeling dissatisfied with the impugned judgment and order delivered by the ld.Magistrate, the State of Gujarat preferred this appeal under Section 378 of the Criminal Procedure Code, 1973.

(2.) THE case of the prosecution in nutshell is that on 30.01.1994, at about 22 Hrs., in the area called Panchfali in Dehgam, the incidence had occurred. As per the prosecution case, a day before the incidence i.e. On 29.01.1994, there was a scuffle between Dilip, who is son of the complainant Arvindbhai and Rakesh Ravjibhai, who happens to be the brother of the present accused. That in said scuffle which occurred on 29.01.1994, complainant Arvindbhai intervened and pacified the scuffle. That keeping in mind the said incidence which occurred on 29.01.1994, on next day i.e. on 30.01.1994, at about 10 p.m., two sons of the complainant Arvindbhai, namely Kamlesh and Dilip together with one Bipin went on the road, nearby the house of the complainant, and at that time, the respondent -accused Mahesh and his brother Rakesh abused Dilip, and thereupon Kamlesh told the accused and his brother Rakesh not to speak abusive language. Thereupon, the accused went to his house and brought sword in his hand and inflicted blow with sword on the body of Kamlesh, and Kamlesh sustained injuries on his left shoulder, right wrist and left arm. At that time, complainant Arvindbhai and one Laljibhai, who happens to be the brother -in -law of Arvindbhai intervened, but, they both also sustained injuries by the sword. Thereafter, Jayantibhai Somabhai and Bhupendra Haribhai intervened, and the accused went to his house carrying the sword. Complainant Arvindbhai reported the incidence before the police, and FIR was registered. Complainant Arvindbhai, his son Kamlesh and brother -in -law Laljibhai took medical treatment. Investigating Police Officer recorded the statements of injured witnesses and other witnesses. Panchnama of the scene of occurrence was drawn in presence of Panchas. Weapon sword used by the accused in the commission of offence was recovered in presence of Panchas. Injury certificates were collected by the Investigating Police Officer. After the completion of investigation, the police filed chargesheet in the Court of ld.Magistrate only against the present accused, for the offence punishable under Section 326, 324 and 504 of IPC. Before the charge was framed by the ld.Magistrate, it transpires that the accused filed an application before the ld.Magistrate requesting that he be discharged from the offence punishable under Section 326 of IPC, and the ld.Magistrate allowed the said application and framed charge against the accused for the offence punishable under Section 324 and 504 of IPC. Since the accused did not plead guilty, the prosecution adduced its oral and documentary evidence.

(3.) THE deposition of complainant Arvindbhai Parshottambhai was recorded at Exhibit -7. The prosecution examined witnesses Kamlesh Arvindbhai, Bhupendra Haribhai, Laljibhai Manjibhai and Jayantibhai Somabhai at Exhibits -15, 16, 17 and 18 respectively. The prosecution examined Panchas - Hemantbhai Haribhai and Bharatbhai Somabhai at Exhibits -9 and 11 respectively. Testimony of Dr.Dipak Jagani was recorded at Exhibit -20, and the Investigating Police Officer, P.S.I. Mr.Patel was examined at Exhibit -25. The prosecution produced relevant documentary evidence like FIR, Panchnama and Injury Certificates of the 3 injured witnesses. After the conclusion of the evidence, the ld.Magistrate recorded the further statement of the accused under Section 313 of Criminal Procedure Code, and the accused generally denied all the allegations leveled against him by the prosecution. The ld.Magistrate heard the arguments advanced on behalf of both the parties and ultimately by virtue of the impugned judgment and order dated 09.08.1996, the ld.Magistrate was pleased to acquit the accused for the offence punishable under Section 324 and 504 of IPC.