STATE OF GUJARAT Vs. HIMATSINH GULABSINH ZALA

JUDGEMENT

(1.) THE present appeal is filed by the State of Gujarat under section 378 of the Code of Criminal Procedure, 1973. The appeal is filed being aggrieved by the judgement and order dated 27th November 1991 rendered in Sessions Case No.198 of 1991 by the learned Additional Sessions Judge, Nadiad. The learned Additional Sessions Judge, Nadiad was pleased to record acquittal of offence under section 302 of the Indian Penal Code.

(2.) THE case of the prosecution as set out in the opening para of the judgement is such that at the time of the incident, deceased- Ramesh was studying in Standard-V in Primary School of Barmuvada under Gokalpura of Taluka Mahemdabad and the accused was discharging duty as a teacher in the said school. At the time of incident, examination was in progress in the said school. Deceased-Ramesh had gone to school at about 08.00 AM, gave his examination, and was returning home at 12.00 noon. On his way home, deceased-Ramesh had complained of severe pain in stomach and sat down under a banyan tree. Deceased-Ramesh has asked his sister, who is a witness in this case that, "I have pain in stomach, therefore, signify it to mother." His sister immediately reached home and informed her mother. Thereupon, deceased- Ramesh was brought home. As deceased-Ramesh had struggled with stomach pain upto night, his urination had stopped. He had been taken to hospital of a local doctor, named, Dr.Gadhavi for treatment, but the said doctor could not treat the boy. They had to leave the hospital for home without any treatment. On their way from hospital to home, Ramesh has died. It is further the case of the prosecution that finding deceased- Ramesh not answering the examination paper, the accused who was on duty as an invigilator came in the class room and has allegedly administered a kick blow on lower part of abdomen of the boy, due to which his urination has stopped and subsequently he has died. The above facts having been narrated by Meena, sister of deceased-Ramesh to her mother, on the next day, mother- Amrutaben has lodged the present complaint in this regard. Pursuant to the complaint, investigation has commenced, statements of concerned witnesses have been recorded, and Panchnama of place of offence was drawn. On completion of investigation, as there was ample evidence against the accused, charge sheet under section 302 of the IPC has been filed in the competent court. Since the Magistrate had no jurisdiction to try the case for an offence alleged under section 302 of the IPC, the case has been committed to the Sessions Court.

(3.) IN addition to the aforesaid oral evidence, the prosecution has relied upon the following documentary evidence: <FRM>JUDGEMENT_2880_TLGJ0_2012htmlh2.htm</FRM>