ORAL JUDGMENT

(PER : HONOURABLE MR.JUSTICE KS JHAVERI)

By way of this appeal under Section 378 of the Code of Criminal Procedure, 1973, the appellant-State has challenged the judgement and order of acquittal dated 15.1.1994 passed by learned Assistant Sessions Judge, Mehsana, in Sessions Case No. 72 of 1990 whereby the trial Court acquitted the respondents-original accused of the offences under Sections 147, 148, 326 r.w.s. 149 & 34, 323, 324 r.w.s. 149, 336 and 337 of the Indian Penal Code and under Section 135 of the Bombay Police Act.

2. The case of the prosecution is that on 30.10.1989 at about 13.30 hours, in front of Thakor Mavataji Karanaji in Thakor vass at village Babipura, all the accused persons, more than five in numbers, gathered and unitedly formed unlawful assembly with common intention to cause grievous injury to the complainant or persons of the complainant. The accused had armed with deadly weapons such as scythe, stick and committed riot. Accused Vajaji Gambhirji gave scythe blow on left hand of Manaji Cheharaji and caused fracture of thumb of left hand and accused Jivanji Hemaji gave scythe blow on the head and caused injuries. Accused No. 1 Vajaji Gambhirji gave s