RAMABEN BAVCHANDBHAI GONDALIYA Vs. VAJUBHAI SAMBHUBHAI GONDALIYA

JUDGEMENT

(1.) HEARD learned advocate Mr. Kamal M. Sojitra, for the applicant and learned APP Mr. L.R. Poojari for respondent no. 2.

(2.) PRESENT Revision Application is preferred by the widow of the deceased for quashing and setting-aside the judgment dated 1st October, 2005 passed in Sessions Case No. 64 of 2004 by learned Presiding Officer, Fast Track Court No. 6, Gondal, so as to convict the respondent no. 1 herein, who is an accused before the trial court.

(3.) THE case of the prosecution and the present petitioner is that the deceased Bhavchandbhai Gondaliya and the accused are real brothers, having one another brother namely Chhaganbhai Shambhubhai Gondaliya, who is original complainant. All brothers are residing at village Sultanpur of Gondal Taluka and doing their agricultural work. Deceased Bhavchandbhai Gondaliya was holding 30 Vighas land and Ambassdor Car. On 4th April, 2004, complainant has been informed by the son of the deceased, namely, Anil that his father was killed by some one and dead body was lying in farm and, therefore, complainant had been to the house of one Kanubhai Arjanbhai of the village where they narrated the facts and thereafter all of them went to the farm of garlic and groundnut in Ambassdor Car of Anil. At such place, they found dead body of Bhavchandbhai Gondaliya with head injury and bleeding but without any sign in nearby place. On inquiry, it has been revealed to them that deceased had went to the farm of garlic after dinner at about 10 P.M. to stay overnight and some unknown persons had killed him within night hours by some deadly weapons.