THAKORE KUNVERJI PRATAPJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present revision application, filed under Section 401 of the Code of Criminal Procedure, the applicant has prayed to quash and set aside the judgment and order of acquittal dated 18th November, 2002 passed by the learned Additional Sessions Judge, Fast Track Court, Patan in Sessions Case No.423 of 2002 whereby the learned Judge has been pleased to acquit the present respondent Nos.2 and 3 from the offence alleged against them by giving them benefit of doubt.

(2.) The brief facts of the case is that on 31st March, 2011 the deceased-Laxmanji went to Sankra village to bring her wife, present respondent No.3, back to home. It is the case that when the deceased went to village Sankra to bring her wife, the present respondent No.2, i.e. mother of the respondent No.3, refused to send respondent No.2 with the deceased-Laxmanji. It is further the case that at about 23.00 hours the present complainant, i.e. brother of the deceased, received message that Laxmanji had died due to burning in his father-in-law's house. As the present applicant-original complainant has doubt about the cause of death of his brother, he filed complaint against the present respondent Nos.2 and 3 with Harij Police Station.

(3.) Thereafter investigation was carried out by the Police Sub Inspector, Harij Police Station, panchnama of seen of offence came to be drawn, seized muddamal in presence of panchas from the seen of offence, recorded statements of witnesses and after completion of investigation, filed charge-sheet against the present respondent Nos.2 and 3 before the learned Judicial Magistrate First Class.