SUGAM @ MONTY HARISHANKAR JAISWAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) AS per the prosecution case, the complaint (Exh.283) was registered by the deceased-victim, the English Translation of which from Gujarati reads as under:-

(2.) IT appears that thereafter, the aforesaid complaint came to be investigated by the police and pending the investigation, on 07.01.2004, as per the prosecution case, following suicidal note (Exh.571) was written by the deceased, whose English transaction is as under:-

(3.) IT appears that the prosecution in order to prove the guilt of the accused, had examined 51 witnesses, details of whom are mentioned by the learned Sessions Judge at paragraph 9 of the impugned Judgment. Additionally, the evidence of Mr. JI Patel, handwriting expert, vide Exh.452 (original p.w.6) in Sessions case No. 239/04 was considered as the evidence in the present matter with the consent of both the sides. The prosecution also produced documentary evidence of 127 documents, details of which are mentioned by the learned Sessions Judge at paragraph 12(a) of the impugned judgment. However, certain documents were though not produced by the prosecution, but the defence in the cross-examination made the concerned witnesses to produce, in order to prove the defence and such documents are in all 94, the details of which are mentioned by the learned Sessions Judge at paragraph 12(b) of the impugned judgment. The learned Sessions Judge thereafter, recorded the statement of the concerned accused under section 313 wherein the accused denied evidence against them and further statement was separately given in writing by the concerned accused, but in any case in the further statement, the defence was that the accused are innocent and they have not committed any crime.