STATE OF GUJARAT Vs. NATVARBHAI GOHIL

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. 12. 1993 passed by the learned Additional Sessions Judge, Bharuch, in Sessions Case No. 116 of 1992, whereby the learned Judge has acquitted the respondents accused of the charges levelled against them.

(2.) THE short facts of the prosecution case is that on 31. 3. 1992 at 7. 00 P. M. Rajendra, his father Abhesing and his cousin Kiritkumar had gone for doing labour work in Rathodvas at village Doliya. As per the case of the prosecution when the complainant and deceased Abhesing were proceeding from Rathodvas near the house of Shana Manor at about 7. 30 P. M. , at that time Chiman Mathur Rathod, having Dhariya with him, Bhupatbhai Karsanbhai having spear with him and Natvarbhai Chandubhai having iron pipe with him came by shouting and giving abuses and attacked them. They made wild allegations against them. As per the case of the prosecution accused Bhupatbhai inflicted blow of spear on the head of Abhesing, accused Chimanbhai Mathurbhai inflicted two blows of dharia on the head of deceased Abhesing and, therefore, Abhesing fell down on the ground. As per the case of the prosecution Abhesing shouted for help, but, the Sarpanch of the village and Magan Babubhai were beating Abhesing by stick and iron pipe. As per the case of the prosecution Abhesing has died then and there. During this time Rajendra and Kiritkumar called their uncle Vaghjibhai. Thereafter, they went to the Police station for filing the complaint. The incident occurred on 31. 3. 1992 at 7. 30 PM and on 1. 4. 1992 in the mid-night at 0. 30 hours i. e. within four hours the complaint was lodged. Accordingly, offences under Section 147, 148, 149, 302, 504 of Indian Penal Code came to be registered against the respondents accused with Jambusar Police Station, vide CR No. I - 44 of 1992.

(3.) AFTER appreciating the documentary as well as oral evidence the learned Additional Sessions Judge, Bharuch, vide Judgment and order dated 30. 12. 1993, has acquitted the respondents accused from the charges levelled against them.