STATE OF GUJARAT Vs. JESANGBHAI MAVJIBHAI CHAUDHARY

JUDGEMENT

(1.) THE present appeal is preferred under Section 378 of the Criminal Procedure Code by the State against the judgment and order delivered by learned Judicial Magistrate, First Class, Chanasma on 6th July, 1998 in Criminal Case No. 396 of 1994 whereby the present respondents being accused of the said Criminal Case came to be acquitted by the Trial Court for the offences punishable under Sections 323, 504, 506(2) and 114 of the Indian Penal Code as well as for the offence punishable under Section 135 of the Bombay Police Act.

(2.) ACCORDING to the prosecution case in brief, the incident occurred on 4th January, 1993 at about 11 -00 a.m. The First Information Report of the same came to be filed by the complainant - Valjibhai Virabhai before Chanasma Police Station on 5th January, 1993 at about 7.15 p.m. Accordingly, complainant - Valjibhai resided, at the relevant time, at Village : Dhinoj, Taluka : Chanasma and was doing agriculture work. In the Maholla in which the residential house of the complainant is situated, opposite of this house, manger and open godowns for storage of cattle food were situated. Those open godowns were belonging to the father of the accused No. 1 Chaudhari Mavjibhai Motibhai. They had stored cattle food in the open godown. On the day of the incident i.e. on 4th January, 1993, complainant and his family had put their clothes outside the house on string for drying down and at about 11 -00 a.m., accused No. 1 and his wife accused No. 2 were cleaning cattle food in their open godown. On account of this and on account of dust of cattle food, the clothes of the complainant had become dirty and, therefore, the complainant and his daughter and his wife requested both the accused that had they informed the complainant, they would have removed the clothes from the string which were being dried. On account of this, accused No. 1 and accused No. 2 both excited and accused No. 2 Galalben started abusing Nitaben daughter of the complainant. In this process, accused No. 1 took out a stick and inflicted blows on the head of wife of the complainant. One blow was given on the head and other on finger of right hand of the wife of the complainant. Complainant came out of the house and noticed the incident and, thereafter, both the accused threatened the wife of the complainant and daughter Nitaben to kill. The wife of the complainant was taken to Lanava Government Hospital and since the complainant was assisting his wife who was injured could not file complaint earlier.

(3.) ON crime being registered, a charge -sheet came to be filed against both the accused for the abovesaid offences. The charge was framed vide Ex.4 and accused pleaded not guilty and, therefore, the prosecution examined as many as fourteen witnesses to prove its case and produced on record documentary evidence. After recording the statements of the accused under Section 313 of the Criminal Procedure Code, the learned Trial Judge came to the above conclusion, after hearing both the sides and hence this appeal.