STATE OF GUJARAT Vs. RAMESHJI JETHAJI BHIL

JUDGEMENT

(1.) This Appeal is at the instance of the State of Gujarat and is directed against the judgment and order of acquittal passed by the Additional Sessions Judge, Banaskantha at Palanpur dated 30th September 1995 in the Sessions Case No. 70 of 1994.

(2.) It appears from the materials on record that the original accused persons, namely Rameshji Jethaji Bhil and Sumriben @ Ganga Bhil, were put on trial in the Court of the Additional Sessions Judge, Palanpur, for the offences punishable under Sections 302, 201 read with Section 34 of the I.P.C. and Section 135 of the Bombay Police Act.

(3.) The case of the prosecution is that Sumriben had illicit relations with Rameshji. On account of such illicit relationship, the accused persons committed the murder of the deceased, who happened to be the husband of Sumriben. According to the case of the prosecution, after committing the murder, the accused persons buried the dead body of the deceased at a particular place. As the whereabouts of the deceased were not known and he went missing past almost two and a half months, his son PW.-1 Manglaji lodged a First Information Report Exh.11 dated 10.02.1994 at the Palanpur Taluka Police Station. Upon registration of the F.I.R., the Investigating Officer had commenced the investigation and the police drew the discovery panchnama of the place where the dead body was buried by the accused persons. The discovery panchnama is said to have been drawn under the provisions of Section 27 of the Evidence Act. It is the case of the prosecution that the accused persons while they were in the police custody led the police party along with the panch witnesses to the place where the dead body was buried. The body was exhumed by drawing a panchnama. The dead body, thereafter was sent for postmortem examination.