STATE OF GUJARAT Vs. CHHAGANBHAI VERIBHAI

JUDGEMENT

(1.) CRIMINAL Appeal No. 747 of 1987 preferred by the State is directed against the judgement and order of acquittal dated 08. 06. 1987 passed by the Learned Additional Sessions Judge, Kheda at Nadiad in Sessions Case No. 160 of 1986, whereby the accused have been acquitted of the offence under section 326 of Indian Penal Code.

(2.) IT is the case of the prosecution that on 30. 03. 1986, at about 9. 00 am, in the sim of village Kasor, each of the accused committed criminal trespass by entering the field in possession of the complainant with the intention to commit offence punishable under section 447 of Indian Penal Code. It is also the case of the prosecution that on the said day the accused no. 1 voluntarily caused hurt to the informant with dharia and the accused no. 2 gave stick, fist and kick blows to the complainant and the witness Ranchhodbhai. The accused also set the hut of the complainant on fire.

(3.) MR. R. C. Kodekar, learned APP has strongly supported the judgement of the trial court as far as the conviction of the accused is concerned. He has submitted that the trial court, considering the entire facts and circumstances of the case and the role of the accused in the alleged offence ought not to have acquitted them under section 326 of Indian Penal Code.