STATE OF GUJARAT Vs. BUDHIABHAI M VARLO

JUDGEMENT

(1.) THE present appeal has been filed by the State of Gujarat against the judgment and order of acquittal dated 5.5.1987 passed by the learned Sessions Judge, Navsari in Sessions Case No.39 of 1986.

(2.) PROSECUTION case is that on the date of incident, i.e. on 19.02.1986, deceased Somlu Bhaylu came at the place of complainant Ziniyabhai Maganbhai as a guest for having dinner at 6.00 p.m. At that point of time, both, deceased and complainant, were preparing their dinner with the help of each other. At round 7.00 p.m., deceased came at the residence of complainant Ziniyabhai Maganbhai Varli and he was possessing a wooden stick in his hand and he tried to assault deceased Somlu, but the complainant prevented him. He took away the stick and through it out. Thereafter, the accused caught hold of deceased's hair and dragged him out. Accused took the deceased to the house of his father Machu. There, he first tied Somlu with rope on a wooden pole, where normally animals are tied, and thereafter, he started beating with wooden stick.

(3.) THE complainant was followed them. He intervened and tried to save Somlu. Therefore, he also sustained injuries on his right palm and another assault on his head. He being afraid of accused did not go close and saw the incident in question from a distance. The accused was assaulting the deceased on chest, head and stomach. Because of the said injuries, the deceased fell down and died on the spot. Thereafter, leaving behind the dead body of the deceased, the complainant went to the place of Police Patel for informing the incident. Thereafter, on the next day, the incident was reported before Dharampur Police Station and the same was registered vide C.R. No.I - 7/1986 at around 12.45 p.m.