STATE OF GUJARAT Vs. BHARATBHAI CHHAGANBHAI AND ORS

JUDGEMENT

(1.) The present appeal is filed by the appellant-State being aggrieved and dissatisfied with the judgment and order dated 23-7-2004 passed by the learned Joint District Judge and 2nd Fast Track Court Judge, Gondal, in Sessions Case No.94 of 1997 whereby the respondents-original accused were acquitted of the charges levelled against them.

(2.) Short facts of the case of the prosecution are a complaint was filed by the complainant-wife of the deceased Gabhrubhai Matra alleging inter alia that on 11-5-1997 at about 1.00 p.m., near the house of Bharatbhai Chhaganbhai situated at Jetpur, when Bharatbhai Bhavu went for natural call, accused No.1 abused him and due to intervention of Gabhrubhai Matra, accused No.2 armed with iron pipe and accused No.1 with knife inflicted various blows on Gabhrubhai Matra while accused No.3 caused injury on finger of Bharatbhai Bavku. Gabhrubhai Matra succumbed to the injuries sustained by him. In pursuance of said complaint, investigation started and as there appeared prima facie case against the accused, a charge sheet was filed against them. Thereafter charge was framed against the accused. The charge was read over and explained to the accused. The accused pleaded not guilty to the charge and claimed to be tried. 2. 1 To prove the guilt against the accused, prosecution examined following witnesses: <FRM>JUDGEMENT_358_LAWS(GJH)10_2015_1.html</FRM> 2. 2 The prosecution also relied on following documentary evidence: <FRM>JUDGEMENT_358_LAWS(GJH)10_2015_2.html</FRM>

(3.) Heard learned Additional Public Prosecutor, Ms.C.M.Shah for the appellant-State of Gujarat and learned advocate, Ms.Nayana Panchal for the respondent-accused.