LAWS(GJH)-2008-8-214

STATE OF GUJARAT Vs. KHODABHAI K GADHVI

Decided On August 26, 2008
STATE OF GUJARAT Appellant
V/S
Khodabhai K Gadhvi Respondents

JUDGEMENT

(1.) PRESENT appeal has been filed by the State of Gujarat against the judgment and order dated 30.08.1986 passed by the learned Additional Sessions Judge, Nadiad in Sessions Case No.91 of 1986, whereby the learned Sessions Judge has acquitted the respondents -accused from the charge levelled against them.

(2.) IT is the prosecution case that on the date of the incident, i.e. 1.12.1985, complainant Shankarbhai Dajibhai Gadhvi was present in his field, which was popularly known as Arniwala field, along with his nephew Nareshkumar and the accused were also present in their field along with son Sureshbhai for looking after their field as there was standing crop of Tuver. It is submitted that on the same day, at around 4.00 O'clock, when nephew of the complainant Naresh was sowing the hedge of cactus between the boundary of the field of the complainant as well as the accused persons and, therefore, accused No.1 Khodabhai made a request to Naresh to make the said hedge as per the measured boundary by the competent authority and, therefore, Naresh lost his temper and started abusing the accused. Therefore, on hearing the noise of Naresh, the complainant came at the place where he saw that son of accused No.1 was having dharia in his hand and accused Nos. 1 and 2 were having sticks and accused No.3 was having wooden log. Thereafter, Sureshkumar inflicted dharia blow on the back side of the neck of the complainant and accused No.2 gave stick blow on the back of the complainant and, therefore, the complainant fell down and accused Nos. 2 and 3 caused injuries to Naresh. Upon hearing the noise, one Kanrajbhai Kanabhai Gadhvi and others came to the rescue of the complainant and saved them.

(3.) IT was submitted by learned Additional Public Prosecutor Ms Mita Panchal appearing for the State -appellant that the prosecution has produced sufficient evidence, viz. PW 1 Medical Officer of Ghodasar Hospital, who had examined the complainant and injured Naresh. And as per the deposition of the said doctor, the complainant had received six injuries and Naresh had received two injuries for which a certificate had been issued and according to him, injury No.1 caused to complainant can be caused if a person sleeps down on wet land and he had also stated that injury Nos.2 and 4 can be caused by stick and injury Nos. 3 and 6 can be caused by thorn of cactus and so far as injury received by Naresh is concerned, if a person falls down on land having rough surface, such kind of injury can be caused.