STATE OF GUJARAT Vs. ANTHENY FRANCIS KODERO

JUDGEMENT

(1.) . This appeal is preferred by the appellant-State of Gujarat under sec. 378 of CrPC against the judgment dated 21.5.1988 passed by the learned Special Judge, Panchmahals at Godhara in Special Case No. 6/86 whereby the learned Special Judge acquitted the respondents accused of the offences punishable under sections 5(1)(d) & 5(2) of the Prevention of Corruption Act and also under sec. 161, 165 & 165-A of the IPC.

(2.) (i) In order to appreciate the grievances expressed by the appellant- State of Gujarat in the memo of appeal, we would like to narrate some basic facts of the prosecution case. Undisputedly, respondent no.1 (hereinafter referred to as accused no.1 ) is the husband of respondent no.2 (hereinafter referred to as accused no.2). At the relevant point of time, accused no.1 was serving as a Medical Officer in Primary Health Centre (hereinafter referred to as PHC for short) at village Limdi of district Panchmahals. Obviously, exh.13 - the complaint lodged by the complainant Rameshbhai Bherabhai Chauhan on 24.6.1985, is the backbone of the prosecution case. It is averred in the complaint that Ramanbhai Bherabhai Chauhan- elder brother of the complainant, was serving as a Cleaner with one Bhanvarlal of Limdi on a truck and he met with an accident and sustained serious injuries. He was admitted in M.Y. Hospital, Indore for treatment as an indoor patient and after long treatment, he was discharged from the hospital. However, Ramanbhai was getting regular treatment for the injuries sustained by him and ultimately he succumbed to the injuries and died and his dead body was taken to PHC for performing post mortem.

(3.) . On completion of investigation, PI, ACB Investigating Officer was satisfied that both the accused can be chargesheeted and prosecuted for the aforesaid offences and, therefore, I.O. had sent all the relevant papers to the State Government for obtaining sanction to prosecute the accused and on receipt of sanction from the office of the Chief Secretary, State of Gujarat, chargesheeted both the accused for the aforesaid offences and submitted the chargesheet to the court of Ld. Special Judge, Panchmahals at Godhara. Thereafter, ld. Special Judge framed charge against both the accused for the aforesaid offences. Both the accused denied the charges levelled against them and thereafter they came to be tried and at the conclusion of the trial, learned Special Judge, Panchmahals at Godhara, vide impugned Judgment dated 21.5.1988 in Special Case No.6/86, acquitted both the accused of the offences with which they came to be tried. Being aggrieved by the said judgment acquitting both the accused, the State has preferred present appeal.