HITESHBHAI RAMESHBHAI SHEKHDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Appeal, preferred by the State of Gujarat under Section 378 of the Code of Criminal Procedure, 1973 ["CrPC" for short], is directed against the judgment and order dated 21st October 1994 passed by the learned Additional Sessions Judge, Porbandar in Sessions Case No. 37 of 1993 recording acquittal of the respondents herein [original accused] of the offence punishable under Sections 302, 147, 148, 149, 324, 452, 504, 114 of the Indian Penal Code ["IPC" for short] and Section 135 of the Bombay Police Act.

(2.) Brief facts, as it emerged from record, for the disposal of this case, are that - the complainant Jadav Pama was residing with his father Pama Jiva [since deceased]. At the time of the incident, the complainant and his father were present at home in the evening on 23/02/93, and Kanji went for fishing and Chhagan went to Navi Bandar to call mother of the complainant. The complainant went to bazaar at 20. 00 hours to have Paan after having meal and two sons of his elder brother Velji, his sister Ganga and his father were at home. When complainant came near to his house, after having pan, the accused persons who were armed with knife came from opposite direction and abused them. Out of them, A1 inflicted knife blow on the back side of the person of the complainant, due to which he [the complainant] fell down. At that time, Ganga came and took complainant inside the house. When he went into the house, he found that his father was lying in a heavily bleeding condition. A1-Kanji Jetha Kharva is accused of having inflicted a knife blow on the abdomen of Kharva Pama Jiva. Since the father of the complainant was shouting for help, the younger son of complainant's brother was sent to call complainant's brother Velji, who took the complainant and his father to a Government Hospital by an rickshaw.

(3.) The complainant further states that the cause of this incident is that complainant borrowed money from A1 during rainy season and thirty rupees were still due/outstanding. On demand, the complainant gave it, but A1 uttered filthy words and abused sister of the complainant-Ganga and thereby fled. As sister of complainant told her elder brother Kanji in this regard, he went to scold him and thereafter, compromise was reached at on the issue. But, being displeased by money demand, the accused persons entered the house of complainant armed with open knives and inflicted knife blow on the abdomen of complainant's father and on the left side of shoulder of the complainant on 23rd February 1993 and also abused sister of the complainant. Therefore, injuredcomplainant lodged a complaint against the accused persons.