STATE OF GUJARAT Vs. THAKOR MAFAJI HIRAJI

JUDGEMENT

(1.) THE appellant State of Gujarat has preferred this Appeal under Section 378 of the Code of Criminal Procedure against the Judgment and order dated 30. 07. 1988 passed by the learned Sessions Judge, Mehsana, in Sessions Case No. 143 of 1987, whereby the learned Judge has acquitted the respondents accused of the charges levelled against them.

(2.) THE short facts of the prosecution case are that the deceased Gandaji had purchased pieces of wood about two days prior to the date of incident and he had stored the same in open land in front of his house. The respondents original accused Nos. 1 and 2, who are husband and wife have raised objections about keeping the said wood in front of the house. The respondent No. 1 started abusing the wife of the deceased. The deceased returned from duty in the evening at about 10. 00 PM. At that time the accused No. 1 has also returned. The deceased Gandaji went to him and told him to reprimand his wife. Thereupon the accused No. 1 got provoked and he brought Dharia from his house and gave one blow of Dharia on the head of the deceased. The deceased fell on the ground. The respondent No. 2 also gave fist and kick blows to the deceased. One Pratapji came there and snatched away the weapon from the respondent No. 1. Thereafter both the accused ran away. Thereafter the complaint was lodged against the respondents before Kadi Police Station for the offences punishable under Sections 302, 323, 504, 506, read with section 114 or 34 of I. P. Code.

(3.) THEREAFTER, investigation was carried out, statement of witnesses were recorded and after completion of investigation the charge-sheet was submitted before the learned Judicial Magistrate, First Class, Kadi against the accused. As the offences were absolutely triable by a Court of Sessions, the learned Magistrate, Kadi, has committed the said case to the Court of Sessions, which was registered as Sessions Case No. 143 of 1987.