STATE OF GUJARAT Vs. SOMABHAI SALAMBHAI BARIYA & 3
HIGH COURT OF GUJARAT
STATE OF GUJARAT
SOMABHAI SALAMBHAI BARIYA And 3
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(1.) This appeal is preferred by the appellant-State under section 378 of the Code of Criminal Procedure challenging the order of acquittal passed by the learned Sessions Judge, Panchmahals at Godhra in Sessions Case No.133 of 1992 on 8th June, 1993.
(2.) Facts of the case are as follow:-
2.1 Complainant Sanjaykumar, son of deceased Balwantsinh Salambhai was staying at village Yera. He had three paternal uncles and his father was the eldest brother. The grand-father of the complainant had given agricultural land to his father where he was residing with his immediate family, whereas other three brothers were residing separately. The dispute of all the paternal uncles with his father was going on in respect of the agricultural land situated at Kuberpura. On the fateful day all the paternal uncles and one of the complainant's cousins, attacked his father at around 9:00 p.m. when he had gone to wash his hands after meal. His father was attacked by scythe and sticks. The complainant himself had also sustained injuries due to various blows given to his father. He scummed to the injuries on the spot. When the people from the neighbourhood had rushed to the place, the accused ran away. The complainant went to the place of village Sarpanch and informed him about the said incident. First he went to Adhra police station. As policeman were not there, he went to Kalol police station and his complaint was recorded at 2:15 a.m. After due investigation, chargesheet was filed and the same was placed before the learned Judicial Magistrate First Class. The case, thereafter, was committed to the Court of Sessions on completing the requisite proceduralities contemplated under the Code of Criminal Procedure.
2. The prosecution examined in all 15 witnesses and also adduced various documentary evidences. The Court, after recording further statements of all the accused, by its order and judgment dated 8th June, 1993 acquitted all of them of all the charges.
(3.) Aggrieved State has preferred the present appeal under section 378 of the Code of Criminal Procedure essentially on the ground that the learned Presiding Officer has overemphasized the discrepancy in description of weapons, disregarding various injuries caused to the deceased and the injury sustained by the complainant. It is also the say of the appellant that when the medical evidence corroborates fully and completely that the death of the deceased was as a result of the injuries caused by the respondent accused, the Court ought to have convicted them.;
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