STATE OF GUJARAT Vs. BHAYLUBHAI NARANBHAI KOLI

JUDGEMENT

(1.) THE challenge in this appeal is to the judgment and order rendered by learned Judicial Magistrate, First Class, Lathi - Babra on 12.3.1993 in Criminal Case No. 185 of 1986. The learned Magistrate acquitted the respondent herein, who was original accused in the aforesaid Criminal Case of the charge of commission of offences punishable under Sections 326, 447 of the Indian Penal Code. Aggrieved by the acquittal order recorded by the learned Magistrate, the appellant - State preferred this appeal.

(2.) THE prosecution case is that the incident occurred at about 5 p.m., on 3.6.1986, in the field of injured witness Tapubhai Gagji, situated in outskirts of Babra. It is alleged that the field of respondent - accused is situated adjoining to the field of said Tapubhai Gagji. There was some dispute about the hedge in between the two fields, and on account of said dispute, the respondent inflicted initially a blow with kharapiya (an agricultural instrument, used for mowing crops), then two successive blows with knife on the abdomen and on right arm of injured witness Tapubhai. Son of injured witness Tapubhai, named, Chimanbhai Tapubhai lodged the first information report in Babra police station and the offence came to be registered. The police investigation was commenced. After the conclusion of the police investigation, charge -sheet came to be filed in the Court of learned Magistrate and Criminal Case No. 185 of 1986 came to be registered.

(3.) LEARNED Magistrate framed charge at Exh.5, to which the respondent did not plead guilty and claimed to be tried. Therefore, prosecution examined witnesses and adduced oral and documentary evidence. After the conclusion of the oral evidence adduced by the prosecution, the learned Magistrate recorded the further statement of the respondent under Section 313 of the Code of Criminal Procedure and the respondent denied generally all the allegations levelled against him by the prosecution and stated that he was falsely implicated in this case. After appreciating the evidence on record and the submissions made on behalf of both the sides, the learned Magistrate recorded acquittal of the respondent. Hence, this appeal.