STATE OF GUJARAT Vs. RAJPUT BHAVANJI RAJAJI

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 22. 12. 1988 passed by the learned Asstt. Sessions Judge, Mehsana in Sessions Case No. 138/1986 whereby the accused have been acquitted of the charges under sec. 307 read with sec. 114 of IPC and sec. 135 of BP Act, leveled against them.

(2.) THE brief facts of the prosecution case are as under: that on 6. 5. 1986, at about 1. 30 am when injured Baldevji came to the house for taking meal, at that time, accused had started giving filthy abuses to the injured and when injured told them not to give abuses, the accused persons got excited and gave knife blow on the abdomen and on the thigh of right lag. Therefore, people have gathered there and snatched away knife from accused no. 1 Bhavanji Rajaji and thereafter the accused persons ran away from the place of incident. Therefore, a complaint with respect to the aforesaid offence was filed against the respondents with the Mehsana City Police Station. . Necessary investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, charge-sheet was filed against him before the court of learned Chief Judicial Magistrate, Mehsana. Thereafter, as the case was exclusively triable by the Sessions Court, the same was committed to the Sessions Court, which was numbered as Sessions Case No. 138/1986. The trial was initiated against the respondents. 2. 3 To prove the case against the present accused, the prosecution has examined the following witnesses: <FRM>JUDGEMENT_2247_TLGJ0_2009Html1.htm</FRM> To prove the case, the prosecution has also produced the following documentary evidence. <FRM>JUDGEMENT_2247_TLGJ0_2009Html2.htm</FRM>

(3.) IT was contended by learned APP that the judgment and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondent. Learned APP has also taken this court through the oral as well as the entire documentary evidence.