BAGUBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS revision is filed by the wife of the deceased against the judgment and order dated 11-7-2006 delivered by the learned Presiding Officer, Fast Track Court No.7, Bhavnagar, in Sessions Case No.130 of 2005 by which the accused were acquitted of the charges levelled against them.

(2.) IN brief, case of the prosecution is that on 30-3-2005 at about 2100 hours, the complainant was in the house of his cousin brother -Jaisingbhai Somabhai and other family members were at vadi and after taking dinner, the complainant was sitting inside the house. At that time, the complainant heard the noise of shout, hue and cry and hence, he went to the spot where the incident took place. It is alleged that when he went there, deceased Popatbhai, brother of the complainant was being beaten by the accused persons with iron bars and sticks. Popatbhai died during the course of treatment. P.W.No.4, Vasrambhai Shamjibhai lodged complaint and the complaint was registered as C.R.No.I-44 of 2005 before Gadhada Police Station for the offences punishable under Secs.302 and 34 of IPC and Sec.135 of BP Act and police started investigation. After completion of investigation, police filed charge sheet against the accused persons for the above referred offences before the learned Judicial Magistrate (First Class), Gadhada, and learned Magistrate committed the case to the Court of Sessions at Bhavnagar where case was numbered as Sessions Case No.130 of 2005. The trial court framed charge for the above referred offences vide Ex.11. The accused denied the charges and claimed to be tried.

(3.) IT is pertinent to note that State has not preferred any appeal against the said judgment and order of acquittal.