JUDGMENT :

M. K. THAKKER, J.

1. The appellant- State of Gujarat has preferred this appeal under Section 378 of Code of Criminal Procedure, 1973, against the judgment and order of acquittal dated 27.12.2001 passed by the learned Additional Sessions Judge, Mehsana in Sessions Case No.95 of 2001 thereby, the respondent-accused was acquitted from the charges punishable under Sections 302, 323, 504 of Indian Penal Code and Section 135 of the Bombay Police Act.

2. It is the case of the prosecution that on 6.3.2001, complainant, namely, Jagatsinh Rajusinh Parmar, was on his Pan Shop and in the night hours, around 9 O’Clock, one Gokusinh Ramsinh Parmar residing in the same village came with Dhariya and asked for the Masala on credit. The complainant denied for the same and therefore, a slap was given by said Gokusinh Ramsinh to the complainant and abused by using filthy language. The complainant immediately went to the house, which is in the field and informed to the father with regard to the behaviour of Gokusinh. The father went for scolding Gokusinh. The complainant and the mother had followed the father and when they reached to the field of Bharatsinh Malusinh and they met to Gokusinh and at that time also, Gokusinh was armed with Dhariya i.e. scythe. When the father scolded Gokusinh saying that my son, namely, Jagatsihh is handicapped and when he denied to give Masala on credit basis, why you have assaulted him? Gokusinh got enraged and assaulted the father by Dhariya on his head. When second time, he tried to cause injury by Dhariya, father raised his left hand and at that time, the fingers were cut and also received the injury on his left palm. Father fallen down in the pool of blood. Complainant and the mother reached to the father and on screaming Udesinh Pruthvisinh and uncle Chelsinh Halusinh and Chhatrasinh Malsinh etc. came at the place. They took father to the Hospital in the car of one Chelsinh Harisnh where during the treatment, father succumbed to the injury. The Medical officer informed to the Kheralu Police Station by writing the vardhi, on reaching Police Sub Inspector, Kheralu Police Station to the Hospital, complaint came to be lodged by said Jagatsinh against Gokusinh Ramsinh Parmar. With the aforesaid allegations, First Information Report came to be lodged before the Kheralu Police Station by Zero Number which was transferred to Satlasana Police Station being C.R.No.I-17 of 2001 for the offence punishable under Sections 302, 323, 504 of Indian Penal Code and Section 135 of the Bombay Police Act.

3. On setting Criminal Law in motion, the investigation was carried out, the accused was arrested, the statement of witnesses were recorded, the weapon was discovered and sent to the FSL and on conclusion of investigation, charge-sheet came to be submitted before the Competent Court at Kheralu. As the case was triable by Court of Sessions, the same came to be committed to the Court of Sessions under Section 209 of the Code of Criminal Procedure.

4. Learned Judge framed the charge against the respondent-accused at Exh.2 for the offence punishable under Sections 302, 323, 504 of Indian Penal Code and Section 135 of the Bombay Police Act. The charge was read over and explained to the respondent – accused, who pleaded not guilty to the offence and claimed to be tried.

5. In order to bring home the guilt of the accused, prosecution examined 16 witnesses and produced list of 21 documentary evidences.

6. Learned Public Prosecutor has examined before the trial Court following persons:

P.W. No. Name Particular Exh.

1 Jagatsinh Rajjuji Parmar Complainant 6

2 Rajuba Rajjusinh Mother of the complainant and wife of the deceased 7

3 Hathesinh Rajusinh Younger brother of the complainant 8

4 Ajitsinh Balusinh Relative of the deceased 9

5 Chintusinh Seghusinh Driver of the car who brought deceased to the Hospital 10

6 Amarbhai Manabhai Who registered complaint at Kheralu Police Station and subsequently it was transferred to Satlas