STATE OF GUJARAT Vs. BHIKHUBHADI DOLUBHA

JUDGEMENT

(1.) THE respondents came to be tried by Sessions Court, Surendranagar in Sessions Case No.64 of 1991 for the offences punishable under Sections 302, 201, 304(B) and 34 of the Indian Penal Code and were acquitted by judgment and order dated 28/04/1992.

(2.) AS per the prosecution case, the alleged incident occurred on 09/02/1991 at about 12:00 noon. The respondents accused persons allegedly committed murder of Induba by causing such injury, as was sufficient in ordinary course of nature to cause death and, thereafter with a view to destroy evidence and to escape from the punishment, cremated her dead body and thereby committed offences punishable under Sections 302, 201 read with Section 34 of the IPC. On basis of which, FIR was registered, case was investigated and chargesheet was filed in the Court of learned JMFC, Limdi, who in turn, committed the case to the Court of Sessions at Surendranagar and Sessions Case No.64 of 1991 came to be registered.

(3.) WE also find that no postmortem is performed on the dead body because till cremation or even two days thereafter, the first informant had no grievance. He did not make any grievance, complaint or show any suspects about the death of Induba. As such, no postmortem is performed and there is no evidence about the cause of death of Induba where the cause was attributable to any assault on her, if so, by whom.