The appellate court upheld the acquittal of the accused, emphasizing the presumption of innocence and the importance of reliable evidence for a conviction.

ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE RAJENDRA M. SAREEN)

1. Present Criminal Appeal has been preferred by the appellant – State of Gujarat under Section 378 of the Criminal Procedure Code , 1973 against the judgment and order dated 30/05/1996 passed by the learned Additional Sessions Judge, Ahmedabad Rural in Sessions Case No.183 of 1995 acquitting the respondent Nos.1 to 4 – original accused Nos.1 to 4 from the offence punishable under sections 302, 323, 324, 352 and 34 of Indian Penal Code and under section 135 of Bombay Police Act .

It is pertinent to note that at the time of admission of the present appeal, the Co-ordinate Bench of this Court dismissed the appeal qua respondent Nos.2 to 4 and admitted the present appeal qua respondent No.1 only, vide order dated 27/11/1996. Hence, we are concerned with the respondent No.1 – original accused No.1 only in the present appeal.

2. Facts of the case, in brief, are as under:-

The complainant Manuji Valaji Thakore lodged the complaint alleging that on the day of the incident, he along with his elder brother Dolaji and Sonaji had gone in the agricultural field of one Labhshankar Trivedi for agricultural labour work and Dolaji had gone from the road of the agricultural field and Sonaji Rajibhai Pandya had gone from the road going towards the well. They had to go to the field of Labhshankar Trivedi. It is the case of the prosecution that Sonaji plucked the proceeds from the field of Raju Pandya and hence there was quarrel with the accused No.1 and he had inflicted fist blow on the face of Popatji and Sita had inflicted stick blow on the head. Sonaji had informed the complainant Manuji about the incident and hence the complainant Manuji and deceased Dolaji had gone to scold the accused persons and at that time, sister of the complainant – Amratben and sister-in-law Lilaben had come and at that time, Raysingji came with Danti in his hand and Popatji Valaji had come with knife and Popatji Valji inflicted knife blow to his deceased brother Dolaji on his right ribs and Sita had inflicted a stick blow to Sonaji and Champaben wife of Raysangji bite the Lilaben on her right hand. It is alleged that Dolaji died while he was taken to the hospital.

Thus, it is the case against the accused that on 14/06/1995 at about 8 O’clock in the sim of village Randheja, all the accused keeping vengeance of earlier dispute and to achieve their common intention, beaten the deceased and accused No.1 had inflicted a blow of Gupti on the right ribs of the deceased Dolaji. Hence the complainant lodged the complaint before the Pethapur Police Station for the aforesaid offences.

3. On the basis of the said complaint, investigation was started, statement of witnesses were recorded, inquest panchnama was carried out, panchnama of scene of offence was carried out, muddamal weapon was recovered, muddamal weapon was sent to the Forensic Science Laboratory, postmortem report was obtained and after through investigation, as there was sufficient evidence against the the accused, Chargesheet was filed before the learned Judicial Magistrate, First Class, Gandhinagar. As the offence committed by the accused persons was exclusively triable by the Court of Sessions as per the provisions of Section 209 of Criminal Procedure Code , the learned Judge was pleased to commit the case to the Court of Sessions and the case was transferred and placed for trial in the court of learned Additional Sessions Judge, which has been numbered as Sessions Case No.183 of 1995. Thereafter, Charge was framed against the accused for the offence punishable under sections 302, 323, 324, 352 and 34 of Indian Penal Code and