STATE OF GUJARAT Vs. MOHANBHAI DHANABHAI

JUDGEMENT

(1.) Both these appeals arise out of a common judgment and order of acquittal in relation to a common incident. Upon request, they are being disposed of simultaneously.

(2.) Two Sessions Cases were tried and adjudicated upon by the learned Sessions Judge, Valsad, Navsari. Sessions Case No. 2/85 was against four accused out of five accused persons whereas separate Sessions Case No. 17/85 was committed against original accused No. 3, Ramesh Dhana, as initially, chargesheet was not submitted against him by the Investigating Officer apprehending that he was a juvenile. Subsequently, it was found that respondent No. 5, herein original accused No. 3 minor Ramesh was not a juvenile. Therefore, supplementary chargesheet was submitted which gave rise to Sessions Case No. 17/85. That is how both the Sessions Cases came to be tried, entertained and disposed of simultaneously, by the Trial Court.

(3.) For the sake of convenience and brevity, the respondents herein, who are the original accused persons, are referred as they were arrainged before the Trial Court. Accused Nos. 1, 2, 3 and 5 are four brothers amongst six and accused No. 4 was the neighbour. The prosecution case has been that in village Talavchora of Chikhli taluka in Valsad District, accused persons and the complainant Dhirubhai and Narsibhai and his brothers Babubhai and Dilipbhai and Bipinbhai were residing, at the relevant time. In that village, a pond known as Malkashiya was taken on lease by public auction for fishing purpose before the incident occurred.