THAKORE KALAJI JENAJI & Ors. v. STATE OF GUJARAT

HONOURABLE MR.JUSTICE BHAGWATI PRASAD HONOURABLE MR.JUSTICE BANKIM.N.MEHTA ========================================= = 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================= = THAKORE KALAJI JENAJI AND OTHERS Versus STATE OF GUJARAT ========================================= =Appearance : MR JM BUDDHBHATTI for the Appellants MR MG NANAVATI, ADDL PUBLIC PROSECUTOR for the Opponent ========================================= = CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD HONOURABLE MR.JUSTICE BANKIM.N.MEHTA Date : 12/12/2008 ORAL JUDGMENT (Per : HONOURABLE MR.JUSTICE BHAGWATI PRASAD) CR.A/59620/2000 JUDGMENT Heard the learned counsel for the parties. According to the prosecution case, the deceased has received following injuries: (1) (2) (3) Incised wound on left parietal region, 10 cm X 3 cm X bone cut with clotted blood Incised wound on left ear- cut pina 3 cm with clotted blood Incised wound on left shoulder 5 X 0.3 cm X subcutaneous deep with clotted blood The weapon of offence is sharp cutting weapon. The sharp cutting weapons are assigned to accused Nos.1 and 2, namely Kalaji Jenaji and Babuji Jenaji. As far as the other two accused persons, i.e. Keshaji Jawanji and Chanduji Mathurji are concerned, they are alleged to have caused stick injury on the deceased. So far as the case of these accused persons is concerned, their role is distinguishable from those accused who caused injuries by sharp cutting weapons. Account of the eye witness is clear as far as injuries by sharp cutting weapons are concerned, they have been assigned to accused Nos. 1 and 2. Therefore, the findings of the Trial Court cannot be faulted with. To that extent, prosecution case is accepted. As regards the testimony of eye witness is concerned, the accused Nos. 3 and 4 are alleged to have caused injuries by stick. In absence of any injury by blunt weapon, we are of the considered view that there is no injury inflicted by them. CR.A/59620/2000 JUDGMENT There appears to be an attempt for over implication of accused Nos. 3 and 4. Therefore, they deserve benefit of doubt. Accordingly, the appeal is partly allowed. Accused No. 3- Thakor Keshaji Jawanji and accused No.4-Thakor Chanduji Mathurji are acquitted of the charges levelled against them by giving benefit of doubt. They are on bail. Their bail bonds are cancelled. Accused No. 1-Thakor Kalaji Jenaji and accused No.2- Thakor Babuji Jenaji are to serve out the sentence. The order of the Trial Court is maintained qua accused Nos.1 and 2. (BHAGWATI PRASAD, J.) (BANKIM N. MEHTA, J.)