STATE OF GUJARAT Vs. AJITSINH JORUBHAI JADEJA

JUDGEMENT

(1.) By way of this appeal, the appellant State has challenged the judgment and order passed by Additional Sessions Judge, Jamnagar (for short the "trial court"), dated 19.10.1995 rendered in Sessions Case No.7 of 1992, whereby the learned trial judge acquitted the original accused the respondents herein of the charges for the offences punishable under sections 120(b), 143, 144, 145, 147, 148, 302, 506(2) read with 149 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC"), section 37(1) read with section 135 of the Gujarat Police Act, 1951 and section 7 read with section 25(1-a) of the Arms Act, 1959. The complainant has challenged the same in Criminal Revision Application No.18 of 1996.

(2.) The brief facts of the prosecution case are that on 11.10.1991, at about 07.00 - 7.30 hours in the morning, the complainant - Lalubha Bhupatsinh was going towards his field on a tractor following his brother Juvansinh, who was riding bullet motor-cycle, and when they reached in front of the field of Bahadursinh Jorubha, after crossing crematorium and river, at that time the accused - Naranji Bahadursinh fired from a gun. He was accompanied by Suleman Mamad, Mohan Ratna, Ajitsinh Jorubha and Umedsinh Jorubha. Amongst them, Saleman Maman, who was also having a gun, fired it on Juavansinh and pursuant to that Javansinh received injury and fell down from the motor-cycle. While the brother of the complainant Juvansinh tried to flee towards the village, Mohan Ratna inflicted spear blow on him and at that time, Ajitsinh Jorubha was having gun and Umedsinh Joribha was having axe. They followed Juvansinh towards crematorium and near the hedge towards the village, he was cordoned by Vikramsinh Bahadursinh Jorubha, Vallabh Mohan Patel, Umar Mamad Sindhi, Ali Mamad Jusab Safiya, Bahadursinh Jorubha, Bhagwanji Bahadursinh, Hanif Jusab Safiya, and Kasam Hasam Safiya. When Juvansinh tried to run towards village, Bahadursinh Jorubha inflicted a sword blow on him as a result of which, Juvansinh fell down and all the aforesaid five accused and Vikramsinh Bahadursinh Jorubha, Vallabh Mohan Patel, Umar Mamad Sindhi, Ali Mamad Jusab Sindhi, Bahadursinh Jorubha, Bhagwanji Bahadursinh, Hanif Jusab Safiya, Kasam Hasam Safiya having sticks, axe, spear, pipe in their hands attacked, as a result Juvansinh fell down. At that time, persons from the neighbor fields viz. Bhoja Dhana Aahir, Kara Raja Patel, and one another person, whose name he does not know witnessed the said incident. Upon seeing that his brother was beaten, he stopped his tractor near the hut of the crematorium and alighted from it, at that time, Ajitsinh, Bahadursinh Jorubhai and Mohan Ratna threatened him by saying "If he wants to live, he should run away". After saying these words, all the persons chased him. On being scared, he took his tractor and went towards the village and informed his family members, and thereafter, he lodged the complaint before the Lalpur Police Station in respect of the murder of his deceased brother - Juvansinh. The motive assigned by the complainant in his complaint is that, the relationship between his family and the family of the accused had turned sour because of the case lodged against him, Hasem Tayeb and Juvansinh by Ajitsinh Jorubha 20 days prior to the incident.

(3.) After completion of the investigation, a charge sheet was filed before the Magistrate Court. As the case was exclusively triable by the Court of Sessions, the Magistrate Court, under section 209 of the Code of Criminal Procedure, 1973 (herein after referred to as the "Cr.P.C"), committed the said case to the Court of Additional Sessions Judge, Jamnagar, which was, thereafter, numbered as Sessions Case No.7 of 1992. Since the respondents - accused did not plead guilty and claimed to be tried, there were tried for the alleged offences.