STATE OF GUJARAT Vs. KOLI RANCHHOD VIRABHAI

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of the Criminal Procedure, 1973 is directed against the judgment and order of acquittal dated 29. 8. 1991 passed by the learned Additional Sessions Judge, Bhavnagar in Sessions Case No. 21 of 1986 whereby the accused have been acquitted of the charges leveled against them.

(2.) THE brief facts of the prosecution case are as under: 2. 1 On 12. 08. 1985 at about 7:30 a. m. when Bhopa was preparing tea at his vadi a cow came there and he tried to drive it away. At that time a mob of about six persons forming unlawful assembly came there with deadly weapons and pelted stone and caused grievous hurt to the complainant. Therefore the complaint came to be lodged against the accused.

(3.) NECESSARY investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondents were arrested and, ultimately, chargesheet was filed against them.