STATE OF GUJARAT Vs. SOLANKI SOMAJI KALYANJI

JUDGEMENT

(1.) The State being prosecuting agency has preferred this appeal under Sec. 378 of the Criminal Procedure Code against the judgment and order dtd. 5/4/1999 rendered by the learned Additional Sessions Judge, Mahesana in Sessions Case No.48 of 1998.

(2.) Learned APP has produced death certificate of respondent No.3 - Solanki Chamanji Ranaji, who expired on 17/9/2020. Said death certificate issued by the Talati - cum - Mantri, Nan Mota Karanpura / Ratanpura is ordered to be taken on record. It is to be noted that during the pendency of appeal, respondent No. 2 also has expired. As such, the appeal qua respondent Nos. 2 and 3 has been abated and proceeded only against respondent No.1.

(3.) The factual matrix of the present appeal is that, as per the case of the prosecution, between 9/6/1997 and 10/6/1997 from 23:30 hrs till 5:00 a.m. in the morning, in the house of complainant, incident of robbery took place. As per the case of the complainant, complainant is residing at Sidhhemnagar Society with his family and his mother Viramtiben aged about 72 years. It is further the case of the complainant that at the time of incident, when they were sleeping, his mother Virmatiben suddenly wake up due to the voice of unidentified accused and therefore, such accused have tried to stangulate her and also attacked her with knife. As a result of which, mother of the complainant died. It is also the case of the complainant that after killing his mother, accused have stolen gold and silver ornaments, watches and cash from his house and swept away. It is also the case of the prosecution that along with robbery and murder in the house of the complainant, the accused have also looted gold earrings of the witnesses Niranjanaben, Manjulaben and Chandrikaben. Complainant under Ss. 302 , 396 , 397 , 398 read with Sec. 34 of the Indian Penal Code was filed. Accused were nabbed by the investigating agency. Charge sheet was filed in the Magistrate Court, Patan. Learned Judicial Magistrate has committed the case to the Sessions Court. The Sessions Court after receiving the case papers, framed the charges against all the accused and recorded the evidence. Prosecution has examined in all 23 witnesses and has produced 26 documentary evidence. After the evidence was over, statement under Sec. 313 of the Code of Criminal Procedure was recorded and arguments were heard and thereafter the trial resulted into the acquittal of the accused persons. Aggrieved by which the prosecution agency - State has filed the present appeal.