STATE OF GUJARAT Vs. BHOPAJI DAPAJI VAGHELA

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 17. 08. 1988 passed by the learned Additional Sessions Judge, Banaskantha at Palanpur, in Sessions Case No. 43 of 1988, whereby the learned Judge has acquitted the respondents accused of the charges levelled against her.

(2.) THE short facts of the prosecution case, in brief, is that the complainant Joraji Chandanji lodged complaint on 6. 12. 1987 against the respondents accused, inter-alia stating that he is the eldest brother amongst three brothers. Narsing is younger to him and all the brother are staying separately and doing agricultural work. That on the date of incident, he was working in his field, named, Nekawala. In the said field Jinaji, son of his younger brother Narsangji was prepare a slop for taking water for winter crop "jeera". At that time accused Bhopaji Dapuji was in his field situated adjacent to the field of the complainant. Accused is also his cousin brother. Said accused told Jenaji son of his younger brother Narsang that why you are preparing the slop towards the side of his field and he replied that he is doing the same near the Shedha of his field. Therefore, all of a sudden accused Bhopaji got excited and started giving filthy abuses to Jenaji and snatched away spade from the hands of Jenaji and gave a blow of spade on Jenaji, and caused injury on right side head of Jenaji and so he started shouting and on hearing the same he and one Babuji Veraji working in the adjacent field rushed to the place of incident and so accused Bhopaji ran away from the place. He was taken upto the road and from there he was shifted to dispensary at Thara in a Jeep. However, since the doctor was not present there he was taken to Radhanpur and admitted in Government Hospital. Thereafter the complaint was lodged against the accused for the offence punishable under Section 325, 323, 324 of I. P. Code.

(3.) THEREAFTER, investigation was carried out, statement of witnesses were recorded. The report was made to the learned JMFC for adding Section 307 of I. P. Code and Section 307 of I. P. Code was inserted. Therafter, after completion of investigation the charge-sheet was submitted before the learned Judicial Magistrate, First Class, against the accused. As the offences were absolutely triable by a Court of Sessions, the learned Magistrate, has committed the said case to the Court of Sessions, which was registered as Sessions Case No. 43 of 1988.