STATE OF GUJARAT Vs. FATABHAI DIPABHAI CHAUHAN

JUDGEMENT

(1.) THE State has filed the present Appeal challenging the judgment and order dated 11.6.1992 passed in Sessions Case No. 245 of 1988, by the learned Additional Sessions Judge, Nadiad, by which the respondent�accused was acquitted from the charges for offence under Section 302 of the Indian Penal Code.

(2.) THE case of the prosecution before the Trial Court was that the First Information Report was lodged by one Jasiben, daughter of Joitaram, with Kapadwanj Police Station, alleging against the present respondent that her brother-in-law-Jenabhai was attacked by the accused with 'dhariya' a deadly weapon on 25.6 1988 at about 7.30 in the morning in village Chhapra of Mahemdabad Taluka. After the investigation was over, the Police Officer submitted a charge sheet in the court of learned Judicial Magistrate, First Class at Kapadwanj, who, in turn, committed the same in the Court of Sessions, Kheda at Nadiad and the aforesaid Session Case came to be registered. Charge was framed against the accused at Exhibit-4 to which he pleaded not guilty and claimed to be tried.

(3.) WE have gone through the Record and Proceedings of the Trial Court. The incident in question took place on 25.6.1988 at village Chhapra of Taluka�Mahemadabad. Immediately after the incident, the injured was shifted to General Hospital at Mahemadabad and on the same day he was referred to V.S. Hospital at Ahmedabad. He was admitted in the V.S. Hospital on 25.6.1988 and was operated on 29.6.1988. He remained in the hospital till 16.8.1988 and thereafter the Doctors decided to transfer the injured in the Paraplegia Centre at the Civil Hospital, Ahmedabad. However, it has come on record that instead of admitting the injured in the Paraplegia Centre, the relatives took the injured at their village. He was kept at this residence till he was admitted in a private hospital at Nadiad on 7.9.1988. The injured was treated there by one Dr. Shantiswarup Shastri, who has been examined as PW-7, but, ultimately, the injured succumbed to injuries on 17.9.1988.