(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA)

1. This Appeal is at the instance of the State of Gujarat and is directed against the judgment and order dated 25th April 2008 passed by the Additional Sessions Judge, Fast Track Court No.1, Panchmahals, Godhra, in Sessions Case No.109 of 2007, whereby the original accused Nos.2 and 3, viz Kantibhai Devabhai Pagi and Limbabhai Lakhabhai Pagi were acquitted of the offences charged under Sections 302, 323, 324, 326, 504 and 506 (2) read with Section 114 of the Indian Penal Code and Section 125 of the Bombay Police Act.

Case of the Prosecution

2. The daughter of the deceased named Jaya, aged about 19 years, had eloped with the son of the respondent no.3 herein named Vigalbhai on 13th March 2007 and their whereabouts could not be traced despite a frantic search. On th April 2007, the deceased Balvantbhai Gulabbhai Pagi informed his family members that a message had been conveyed to him from the house of the respondent no.3 that his daughter had returned home and that he should come and take away his daughter from the house of the respondent no.3.

3. Accordingly, the deceased and others had gone to the house of the respondent no.3 at around 9:30 in the late evening, and at that point of time, the other family members of the respondent no.3 were also present. The deceased enquired with the respondent no.3 as to where was his daughter, and in reply, the respondent no.3 herein and the other co-accused uttered filthy abuses to the deceased and asked him as to why they had come as the daughter was not at their place and further, they were asked to leave immediately. At that point of time, the original accused no.1 viz. Khatubhai Limbabhai Pagi had a sword in his hand. The respondent no.2 herein had an iron pipe in his hand and the respondent no.3 herein had a stick in his hand. All the three accused charged towards the deceased and his companions and the original accused no.1 Khatubhai Limbabhai Pagi is alleged to have inflicted fatal injuries on the neck of the deceased with a sword, whereas the respondent Nos. 2 and 3 herein are alleged to have indiscriminately hit blows on the body of the deceased. At that point of time, the original first informant Somabhai Vechat and another person named Vikramsinh Vagha tried to intervene, and in the process the accused no.1 Khatubhai Limbabhai Pagi inflicted grievous injuries on the left hand wrist of the first informant. In the same manner the accused no.1 Khatubhai Limbabhai Pagi also inflicted grievous injuries on the hand of Vikramsinh Vagha, as a result, the thumb of his left hand got cut and severed. All the three accused, thereafter, left the seen of occurrence and went away towards their house. It is also, the case of the prosecution that Kantibhai, the respondent no.2 herein had inflicted injuries with iron pipe on the hand of Vikramsinh Vagha. On account of serious injuries sustained by Balvantbhai Gulabbhai Pagi, he was found to be dead at the place of occurrence itself. The other two injured witnesses were taken to the Government Hospital for necessary treatment.

4. In connection with the incident, a First Information Report Exh:28 was lodged by Somabhai Vechat, and on the strength of such Report lodged, the Investigation had commenced. The dead body of the deceased was sent for the postmortem examination. The inquest panchnama was also drawn. The scene of offence panchnama was drawn. The muddamal articles collected during the course of investigation were sent to the Forensic Science Laboratory for chemical analysis. The accused persons were arrested and the panchnamas of the person of the accused were drawn.

5. At the end of the investigation, charge-sheet was filed for the offences punishable under Sections 302, 323, 324, 326, 504 and 506 (2) read with 114 of IPC in the Court of Judicial Magistrate, First Class, Shahera. As the offences were exclusively triable by the Court of Sessions, the JMFC, Shahera, committed the case to th