STATE OF GUJARAT Vs. ASHOK @ CHAYO GANDALAL KHAVAS

JUDGEMENT

(1.) The appeal and Revision Application arise out from the judgment and order dated 05.11.1993 passed by the learned Sessions Judge, Jamnagar in Sessions Case No.77 of 1992 and and Sessions Case No.41 of 1993 and therefore both these matters are being disposed of by this common judgment.

(2.) Criminal Appeal No.274 of 1994 is preferred by the State under section 378 of the Code of Criminal Procedure, 1973 while the Criminal Revision Application is preferred under Section 397 of the Code to question the legality and validity of the impugned judgment and order of acquittal recorded by the learned trial Judge.

(3.) Facts in brief giving rise to the appeal and the Revision Application are that on 26.04.1992 at about 23:45 hours deceased Manubha Harisinh Jadeja and his minor son Dharmendra sinh Manubha (P.W.6) came near lane, Opp. Punjab National bank on scooter bearing Registration No.G.J.10/2950. Deceased started talking with Mukundrai Pranshankar Prajapati - original complainant (P.W.3) and his partner Maheshbhai Nandlal Mehta. At that time Ashok Gandalal @ Chappu (A1 - R1) and other three came and started playing with P.W.6 and one of them pulled chick of P.W.6. Whereupon the deceased asked him not to do so, but he persisted. Therefore, respondent no.1 (A1) and his companions got enriched and R1 took out knife and inflicted blows on various parts of the body of the deceased and thereafter all the four fled away from the scene. The deceased fell down in pool of blood and Rameshbhai and Bharatbhai Kotecha took the deceased to hospital in an auto rickshaw where he was declared dead. A complaint in respect of this incident came to be lodged before the City 'A' Division Police Station, Jamnagar by complainant Mukundrai Pranshankar Prajapati (P.W.3). The investigation thereafter was taken up and ultimately charge sheet was filed against the respondents in the Court of learned Chief Judicial Magistrate, Jamnagar.