The prosecution must prove guilt beyond reasonable doubt; mere presence at the crime scene does not establish culpability without corroborative evidence.

JUDGMENT :

ILESH J. VORA, J.

1. This acquittal appeal is preferred by the State of Gujarat against the judgment and order of acquittal dated 08.02.2010 passed by the learned Additional Sessions Judge, Fast Track Court, Nadiad at Kheda in Sessions Case No.45 of 2009, whereby, the original accused Nos. 3 and 4 i.e. respondent Nos. 1 and 2 have been acquitted of the charges under Sections 302, 326, 307, 504 read with Section 34 of the IPC and Section 135 of the Bombay Police Act.

2. All the accused came to be tried for offences punishable under Sections 302, 307, 326, 504 read with Section 34 of the Indian Penal Code, 1860 (‘IPC’, for short) and Section 135 of Bombay Police Act, 1951 (‘B.P. Act’ for short). The trial Court, after appreciation of the evidence, acquitted the accused as per the below table:

3. Facts and circumstances giving rise to this appeal are that, the complainant and the accused are resident of village; Baladi, Taluka: Mahudha, Dist.: Kheda and they are also relatives. On 05.07.2008, the complainant PW-1 – Naresh Chauhan, his father – Ramjibhai and uncle – Abhabhai PW-12, had gone to their field for cultivation. The field of the accused is adjacent to the field of the complainant party.According to case of the prosecution, in the noon hours i.e. at 12-00 noon, the accused in number 4 came to the field of the complainant party and asked the deceased Ramjibhai and his brother PW-12 Abhabhai, keep vacant some of the portion of the land, as it has been used for personal purpose i.e. bathing and the area, which was asked to keep vacant, is near the house of the accused. Since long, the dispute was going on with respect to said land. The PW-1 as well as deceased Ramjibhai as well as his brother PW-12 Abhabhai, refused to keep the said portion of land vacant and confronted that the said land is in their possession and since long they are cultivating. On this issue, heated exchange of words were taken place and according to case of the prosecution, the accused party hurled abusive and then, assaulted the deceased Ramjibhai, his brother PW-12 Abhabhai with the weapon Scythe (Dharia) and stick. The accused No. 1 Chaddabhai Bhagabhai gave a blow on the left shoulder of the PW-12 Abhabhai with Scythe and due to the said blow, the left forearm was amputated. The accused Chaddabhai again gave a blow on the right hand of the PW-12 Abhabhai, which has resulted into amputation of right thumb and right index fingure and also injured him on his right thigh. The deceased Ramjibhai when intervened, the accused No.2 – Somabhai, gave a blow with Scythe Dharia over his left shoulder. It is further case of the prosecution that, the accused Nos. 3 and 4 i.e. respondents herein were present armed with wooden stick at the spot and assaulted the deceased as well as his brother Abhabhai PW-12. In order to save the deceased as well as injured, the persons near the vicinity of the area came there and due to hue and cry, the accused fled away from the place. The deceased Ramjibhai and injured immediately taken to the Civil Hospital, Nadiad, and therea