LAWS(GJH)-2008-7-446

STATE OF GUJARAT Vs. KOLI BHANA SAVJI

Decided On July 29, 2008
STATE OF GUJARAT Appellant
V/S
Koli Bhana Savji Respondents

JUDGEMENT

(1.) PRESENT appeal is filed by the State against the judgment of acquittal passed by learned Sessions Judge, Amreli in Sessions Case No. 1 of 1986 dated 31/3/1987.

(2.) HEARD Learned counsels for the appellant State and the Respondents.

(3.) LEARNED Trial Court after considering the case of the prosecution came to the conclusion that this was a case where both the parties entangled to a free fight, therefore section 149 was excluded. Regarding identity, learned trial Judge observed that it was not possible to identify any particular accused for any particular injury caused because injured eye witnesses would not have been able to say who was the author of the particular injury. In this background learned trial Judge acquitted all the present respondents / original accused.