BHAUTIKBHAI @ BHOLO GHANSHYAMBHAI UKANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties through video conferencing.

(2.) The present application is filed under Section 439 of the Code of Criminal Procedure, 1973 in connection with an FIR being C.R. No.11193061200409 of 2020 registered with Vanda Police Station, Dist. Amreli for the offences punishable under Sections 302, 201 and 114 of the Indian Penal Code, 1860 (the IPC).

(3.) Learned advocate for the applicant has submitted that at the night of 15.10.2019, accused No.1-Ashish G.Ukani and deceased - Nikita K.Doshi had consumed alcohol for the entire night and both of them had got heavily drunk. As per the allegations made in the F.I.R., some dispute had taken place regarding money and car and it is alleged that as a result of the said dispute related to money and car, accused No.1-Ashish Ukani had pushed deceased Nikita Doshi in a well in the farm of accused no.1-Ashish Ukani. It is also the case of prosecution that as a result deceased Nikita Doshi had succumbed to death. Accused No.1- Ashish then, with the help of other two accused taken out, the body of deceased Nikita Doshi from the well with rope and buried the same in a farm adjacent to the farm of accused No.1-Ashish Ukani. It is submitted that even as per the allegations in the FIR and the charge-sheet, it can be inferred that the essential ingredients of offences punishable under Section 302 of the IPC are not at all attracted in the case of the applicant and therefore, the applicant is wrongly roped in the said offence.