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A.S.ANAND, R.C.LAHOTI, DORAISWAMY RAJU
Takhaji Hiraji – Appellant
Versus
Thakore Kubersing Chamansing – Respondent
Takhaji Hiraji was an injured person and the complainant in the incident. According to the legal document, he lodged the FIR and was present at the scene of the incident, which took place during a village event involving a heated exchange and violence between two communities. The evidence indicates that Takhaji sustained injuries during the incident, and he was actively involved in bringing the matter to the attention of the authorities. The court's appreciation of the evidence confirms his presence at the scene and his role as a key witness. The document also highlights that the prosecution's case was based on eyewitness testimonies, including Takhaji's, which were found to be consistent and reliable. Overall, Takhaji Hiraji's role was that of an injured eyewitness and complainant, whose testimony contributed significantly to the prosecution case.
JUDGMENT
R.C. Lahoti, J.—Eight accused persons were charged for having committed offences under Sections 147, 148, 302/34/149, 307/34/149, 302/307/109, 325, 325/34, 324 and 324/34 of the Indian Penal Code. The Trial Court acquitted accused Nos. 3, 4, 6, 7 and 8 of all the offences charged and set them at liberty. Accused Nos. 1, 2 and 5 were held guilty on different counts as will be stated shortly herein afterwards and convicted and sentenced. They preferred an appeal before the High Court of Gujarat which was heard by a Division Bench. By the impugned judgment dated 14.12.1983 the appeal has been allowed and all the three accused-respondents have been acquitted. The complainant, Takhaji Hiraji who had lodged the first information report of the incident and was himself an injured person has preferred this appeal by special leave putting in issue the acquittal of accused Nos. 1, 2 and 5. Later on the State has also filed an appeal by special leave. Both the appeals have been heard together.
2. A small village Dugrasan, Taluka Shihori in the State of Gujarat witnessed a joyful evening of 23rd March, 1980 being converted into a horrific tale of crime where violence was let loo
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