STATE OF GUJARAT Vs. AHER VIJSUR DHAND ISHWARIA

JUDGEMENT

(1.) THIS appeal under Section 378 of the Code by the State of Gujarat is directed against the judgment and order dated 11.05.1987 passed by the Additional Sessions Judge, Junagadh in Sessions Case No. 105 of 1986.

(2.) THE prosecution case relevant for the purpose of the appeal in brief is that on 11.07.1986 at about 6:00am Badhabhai Virabhai and his mate Jaskubhai had gone to the field of Badhabhai for tilling. When they were working in the field, cattle belonging to the accused persons strayed into the field and started grazing on the standing crop. Seeing this, Badhabhai went towards the cattle, shooed them from his field and asked accused Vajsur who was standing at the edge of the field to be careful. Accused Vajsur got angry on being so told and gave a blow with a dhariya. Badhabhai managed to ward off the blow but his right thumb got sliced by the sharp edge of the dhariya. Accused Vajsur exhorted his son, Kathad, who was standing nearby to attack Badhabhai and thereupon, Kathad came running and gave one blow with his spear on the right side of Badhabhais abdomen. He gave another blow with the spear on the left side of abdomen, which blow pierced the body of Badhabhai. Because of the injury, Badhabhai fell on the ground. Then accused Kunwarben gave two -three blows with a stick on the body of Badhabhai. In the meantime, Jaskubhai and Dadhubhai (brother of Badhabhai) came to the spot and on seeing them, the assailants ran away. Jaskubhai removed the spear from the abdomen of Badhabhai. Intestines were coming out of the wound and so they tied a cloth round the body. Badhabhai was thereafter taken to his house in a bullock -cart and from there was shifted to the hospital where he was subsequently operated. A complaint of the incident was lodged by Dudhabhai and the police after investigation charge -sheeted all the accused.

(3.) AHER Vajsur Dhana, Kathad Vasjsur and Kunwarben Vajsur were tried by the Sessions Court on the charges under Sections 307, 323, 447, 504 read with Section 34 of the Penal Code and acquitted.