STATE OF GUJARAT Vs. BHUPENDRABHAI HIRABHAI VANKER

JUDGEMENT

(1.) PRESENT appeal u/s. 378 of the Code of Criminal Procedure, 1973 arises out of the judgment and order dated 27th December 1991 passed by the learned Additional Sessions Judge, Mehsana (hereinafter referred to as 'the learned Sessions Judge') in Sessions Case Nos. 184 of 1991, whereby, the learned Sessions Judge was pleased to acquit the accused of the charges under Sections 366, 497, 498, 302, 176 and 201 of the Indian Penal Code (IPC).

(2.) THE respondent herein original accused, had prayed for legal aid so as to represent his case before this Court. Pursuant to order dated 12th March 2012 passed by this Court, directing the Registry to make necessary arrangement for providing assistance of an advocate through legal aid, learned advocate Ms. Nisha M. Parikh appears for the respondent original accused.

(3.) FACTS in nutshell of the prosecution case are that the respondent herein original accused, by luring Bai Kamu - the wife of the complainant, took her away with him along with her minor child Rakesh of about two years. As the said child was coming in his way of fulfilling his ill -design, he took away the child from Bai Kamu by saying that he will leave the child at her in -law's/maternal uncle's place. However, afterwards, he killed the child by strangulation and to hide the offence, he buried the body of the child and thereby, he committed the offence as above and complaint had been lodged against him.