STATE OF GUJARAT Vs. GANDABHAI GOVINDBHAI

JUDGEMENT

(1.) State has preferred this appeal against an order of acquittal recorded by Additional Sessions Judge, Valsad, at Navsari in Sessions Case No. 66/84 on 8/2/1985, whereby the accused were acquitted for offences punishable under sections 302, 324, 323, r/w section 34 of the Indian Penal Code.

(2.) Short facts as it emerges from the information lodged by deceased Ratanji Govindji on 19/6/84 vide exh.42 are as under :- The deceased was resident of Bombay. For agriculture operation, he came to village Palgaon where the incident in question took place. He had three brothers, namely, Ganapat, Gandabhai, the respondent No.1 and Babar Govind. Lands belonging to the family stood in the name of Govind Narayan, father of the deceased and all four brothers were staying separately. Certain properties were looked after by their parents. But, since after the death of their father, all the brothers met for partition of nine divisions of one agriculture field and 12 trees of mango in village Palgaon.

(3.) There was altercation amongst the brothers when discussion took place about the partition. On 19/6/1984, as disclosed by deceased Ratanji in his information lodged before the police that, at about 6.00 p.m., on that day, he returned to the village and stated to his brother Gandu [Gandabhai] accused No.1 that property should be partitioned. Accused No.1 got enraged and started abusing. Thereupon, the informant stated not to abuse. The accused No.1 went inside the house of his mother and came out with an axe. He delivered a blow on the head which landed on the left side of upper portion of the head. Second blow landed on the head. As a result of the injuries, informant fell on the ground. His nephew Laxman Babar arrived in meanwhile and when he was trying to persuade accused No.1, accused No.1 delivered a blow by means of an axe on Laxman which landed on the left ear. In the meanwhile, Ramesh Ganpat and Navin original accused Nos. 3 and 4 arrived alongwith Kishan, accused No.2, son of accused No.1, all with sticks in their hands and delivered stick blows on the person of deceased and Laxman Babar. Ramila, wife of deceased, Kashiben, sister in-law of the deceased removed them to the police station. On the basis of the information, investigation commenced and on completion of the investigation, chargesheet was filed against the respondents accused in the Court of Judicial Magistrate First Class, Umargaon, Dist. Valsad, who committed the accused to the Court of Sessions where charge vide exh.1 was framed against the accused. Accused No.1 was specifically charged u/s 302 of the Indian Penal Code. The others were charged for an offence punishable u/s 302 read with section 34 of the Penal Code. The accused No.1 was also charged for an offence punishable u/s 324 for causing an injury to Laxman while accused Nos. 2 to 4 were charged for an offence punishable u/s 324 read with section 34 of the Penal Code. Accused Nos. 2, 3 and 4 were also charged for an offence punishable u/s 323 of the Penal Code. Accused No.1 was charged for an offence punishable u/s 323 read with section 34 of the Penal Code. The accused pleaded not guilty to the said charge and contended that they were entirely innocent. Learned Additional Sessions Judge, Valsad, on appreciation of evidence, oral as well as documentary and considering the submissions made by the counsel and the statements of accused recorded u/s 313 of the Code of Criminal Procedure, held that the accused were entitled to benefit of doubt and acquitted all the accused by judgement dated 8/02/1985. It is against this order, present appeal is preferred by the State.