H.H.MEHTA - (1.) This is an appeal directed against the impugned judgment dated 10-8-1992 in Criminal Case No. 919 of 1989 rendered by the learned Judicial Magistrate First Class, Dhari. By that judgment the learned Magistrate has acquitted the accused. This appeal is filed u/s. 378(1) Cr.P.C. 1973 by the State of Gujarat. The respondents in this case were the accused in said Criminal Case No. 919 of 1989.
(2.) Brief facts of the case as revealed in the complaint are as follows:- Accused No.1 is a father-in-law of accused No.2 and grandfather of accused Nos. 3 and 4. On or about 15-9-1989 in the morning hours complainant Aatmaram Ramdas Gondaliya was there in his house in village Bhad, Taluka Khambha. He received an information that there was quarrel in between accused No. 2 and complainant's brother Pragdas and therefore at about 9.00 a.m. he left his house for village Vankia and he reached to the house of his brother Pragdas. His brother was not present but mother of the complainant Somben was present and therefore complainant enquired from his mother. His mother informed complainant that Pragdas had not returned to home since last evening and there was a quarrel in between Bhanubharti and Pragdas. Thereafter the complainant left the house of his brother Pragdas and he reached to his field which was at a little distance from village Vankia. When he was about to go to his field, it was about 10.15 a.m. The complainant's way leading to his field was passing nearby the house of Bhanubharti and therefore when he was passing on that way to his field and when he was about to reach near the house of Bhanubharti, Bhanuben, wife of Bhanubharthi and her daughter Jyotsna were present. Bhanuben and Jyotsna informed the complainant to persuade Pragdas, otherwise, he (the complainant) would also be beaten and by saying this, abuses were given to the complainant. Without giving any attention to this short incident, the complainant went to his field and at about 11.00 a.m. when he was returning from his field and when he was about to reach near the house of Bhanubharti, all the four accused were found present. As per the case of the complainant, accused No.4 had an axe with him. Bhanuben had stick (Badio) with her. Accused No.1 was not having any article with him but accused No.3 had stones in her hands. When complainant was passing nearby the temple of Ramdev Pir, Bhanuben, the wife of Bhanubharti inflicted a blow of stick (badio) on the back portion of the complainant and questioned him as to where he was going and that she wanted to beat him. Meanwhile, Kishorebharti accused No.4 came there with an axe in his hand. He told the complainant that he wanted to kill him and by saying so he inflicted a blow of axe which struck at the elbow portion of the right hand of complainant. At that time Bhupatbharti accused No.1 caught hold the complainant from his neck and accused No.2 Bhanuben started to beat the complainant with the stick (Badio), as a result of which the complainant sustained injuries on the fingers of right hand and wrist of left hand. At that time accused No.3 started to beat the complainant by fists and kicks. The complainant shouted for help and on hearing that shouts one Narsi Bhaya Vaghri who was present in the nearby field rushed to the complainant and rescued the complainant from further beating. At that time Kishorebharti accused No.4 was telling that on that day the complainant was saved but if he would find the complainant again, the complainant would be killed and while giving intimidation and abuses, all the accused went away. Narsi Bhaya Vaghri who came from the nearby field took the complainant and dropped the complainant at his house. One Harivallabhdas was present and he was informed about the incident. Harivallabhdas took complainant to Government Dispensary at village Khambha. When complainant was in the Government Dispensary, he gave his complaint against the accused to P.S.I. Khambha. It is the case of the complainant that incident of this case occurred as a result of quarrel which took place on the previous day and all the accused had come with a common intention to beat the complainant. The complaint of the complainant lodged before the P.S.I. Khambha was registered in Khambha Police Station at about 14.15 hours on that very day. The Police Sub Inspector investigated that case and ultimately charge sheet was filed against the accused and that charge sheet came to be registered as Criminal Case No. 919 of 1989 in the Court of learned J.M.F.C., Dhari.
(3.) The learned Magistrate on the basis of Police papers framed a charge at Exh. 21 against accused for offences punishable under Section 323, 324, 504, 506(2) read with 114 of the I.P.C. and also under Section 135 of the Bombay Police Act. The prosecution examined ten witnesses in support of the case and led documentary evidence also. After appreciating the evidence led by the prosecution and after hearing the learned advocates for both the parties, the learned Magistrate reached to a conclusion that the prosecution has failed to prove the case against the accused for which a charge has been framed, beyond reasonable doubt and therefore by rendering his judgment on 10-8-1992 he acquitted all the four accused.;