MOHAN SHANIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal by one Mohan Shaniya against the judgment of the Additional Sessions Judge at Baroda convicting him under sec. 302 I. P. Code for having caused the death of one Bai Guji the wife of Malia and under section 324 I. P. Code for causing hurt to the complainant Bai Lali with a scythe and for having caused hurt to Bai Babali the wife of Bachu.

(2.) [His Lordship after discussing the evidence further stated]: The prosecution also relied on the find of a Datarda when the house of the accused was searched by head constable Atmaram on the 23rd. The search was made by the head constable Atmaram and not by the P. S. I. The P. S. I. has deposed that he had instructed head constable Atmaram to search the house of the accused for a Datarda. On the subject of searches made by the police in the course of the investigation one has to bear in mind the provisions of section 165 Cr. P. C. which reads as follows:

(3.) We therefore allow the appeal set aside the convictions and sentences passed upon the appellant and order that he should be set at liberty forthwith in this case. Appeal allowed.