STATE OF GUJARAT Vs. UPENDRA AMBIKAPRASAD GUPTA

JUDGEMENT

(1.) This is an application under Section 378(1)(3) of the Code of Criminal Procedure seeking to challenge the judgment and order of acquittal dated 23.12.2019 passed by the Court of learned Sessions Judge, Valsad in Sessions Case No. 07 of 2016 acquitting accused nos. 2 and 3 for the offence under Section 302 of the Indian Penal Code.

(2.) It is the case of the prosecution that the deceased and accused no.1 Mamtaben Ishwarbhai were the husband and wife having three children out of their wedlock. The opponent no.1 herein - original accused no.2 and accused no.1 were working as colleagues in the same company and their relationship had developed into fondness for each other. This was disliked by the husband who was paralytic from last about five and a half years and therefore was without any work and he had also a habit of drinking liquor.

(3.) It is the case of prosecution that the present opponent and the accused no.1 - Mamtaben conspired to do away with her husband deceased - Ishwarbhai and this had happened at the residence of accused Mamtaben. It is the case of the prosecution that in the neighborhood some unknown motorcycles were found and on inquiring at the house of the accused no.1, all the three accused were found in the house with the dead body of the husband of Mamtaben.