STATE OF GUJARAT Vs. MANOJBHAI JEMABHAI SARADIYA

JUDGEMENT

(1.) Applicant original complainant State of Gujarat has preferred this application seeking leave to prefer appeal against the judgement and order of acquittal dated 04.03.2020 passed by the Court of learned Additional Sessions Judge, Surendranagar in Sessions Case No.48 of 20014 (Old Sessions Case No.32 of 2013) of Additional Sessions Court, Limbdi), whereby the Court acquitted all the opponents punishable under sections 302, 120(B), 201, 397, 364 and 114 of the Indian Penal Code.

(2.) This Court issued the notice on 20.01.2020 and directed the Registry to to call for the record and proceedings of Sessions Case no.48 of 2014(Old Sessions Case No32 of 2013). As the notice has been duly served, Mr. R.D. Chauhan, learned advocate appeared for all the respondents original accused.

(3.) It is the case of the prosecution that on 16.03.2013 at around 10:00 p.m. in the night Khumansinh had inquired with the complainant asking about his brother Hukamsinh, complainant came to know regarding phone received from Vankaner police station and, therefore, he made inquiry from Vankaner police station and came to know that Vista Car bearing No.RJ-36-CA-2852 is lying on Vankaner highway No.8/A, near Toll booth in unclaimed condition belonging to his brother Hukamsinh. It was also conveyed that Mr. Prabhusinh Dungarsinh Chauhan also was with him. When the complainant and others arrived at the highway toll-booth, the car of the brother of the complainant was lying on the road near the toll-booth, which was brought to Vankaner police station with the second set of keys. The complainant came to know that there was presence of blood stains mark and also on the back of the car. It is also the case of the prosecution that on 16.03.2013, the complainant had made a phone call to Ms. Kamla Kanwar, wife of Hukamsinh and it was known that he was proceeding towards Thangadh from Ahmedabad at the house of opponent Manoj. He also, at 11:00 p.m. had intimated the complainant about his being at the house of Manoj at Thangadh for his dinner. Thereafter, he lost the contact of his brother Hukamsinh. It was also conveyed that Manoj and Prabhusinh Dungarsinh Chauhan had proceeded towards Jamnagar, with the persons, who had visited their residence. It is also the case of the prosecution that on 15.03.2013 after taking the dinner, they had gone towards the sim of the village Ranipat for meeting Rabari Arjunbhai Polabhai, Arjanbhai Sukhabhai Rabari and Jagabhai Rabari. All these persons had assaulted Hukamsinh and Prabhusinh, who were carrying on the insurance work after completing their career in the army. The assault was made with hard and blunt object and to destroy the evidence, the dead body of both the victims had been thrown in the nearby well.