STATE OF GUJAARAT Vs. RABARI GOVIND JAGMALBHAI VAGADIA

JUDGEMENT

(1.) STATE of Gujarat, by the present appeal, challenges the judgment and order dated 30.05.1987 passed by the Additional Sessions Judge, Surendranagar in Sessions Case No. 37 of 1986 acquitting the present respondents original accused of offences punishable under Sections 333, 504, 506(2) read with Section 34 of the Penal Code.

(2.) COMPLAINANT Mohanbhai Dhanjibhai Parmar, working as round forester in the forest department of the State, alongwith watchman Nursha Gulabsha had left for taking round of the forest at about 8:45am on 15.10.1985. While he was riding his bike, accused no. 1 Rabari Govind Jagmalbhai hit him with a stick on his right forearm. As a result, he stopped his motor -cycle. Then accused Govind hit pillion rider Nursha on his left shoulder and left thigh with the stick. Complainant intervened and accused gave him a stick blow on his right wrist. At that time, accused no. 2 Rabari Natha Ukabhai came there and joined accused Govind in the assault and gave three -four stick blows to Nursha on left torso, face, right -hand finger and right leg. On hearing commotion of the scuffle, Bharwad Chota Dana and other villagers who were having tea at a nearby stall came there and separated the accused and victims. Therafter, the accused left the place abusing the complainant and threatened to kill him next time. On the basis of these allegation, a complaint was filed; accused were charge -sheeted and sent for trial.

(3.) THE Trial Court found the evidence of complainant Mohan (PW -10) and injured Nursha (PW -11) to be self -contradictory and not reliable, and in absence of any other independent evidence corroborating the version of the complainant and other injured witness, acquitted the present respondents.