STATE OF GUJARAT Vs. MEHBUB BHIKHABHAI QURESHI

JUDGEMENT

(1.) Present Criminal Appeal has been preferred by the appellant - State of Gujarat under Sec. 378 of the Criminal Procedure Code, 1973 against the judgment and order dtd. 28/01/1997 passed by the learned Sessions Judge, Vadodara in Sessions Case No.54 of 1996 acquitting the respondent original accused from the offence punishable under sec. 302 of Indian Penal Code.

(2.) The crux of the case of the prosecution is as under:- Complainant Ahmed-Hussain Bhikhumiya Malek, resident of Kalyannagar, Kamatibaug, Vadodara is working as a watchman in Jyoti Limited Company. He has six sons and two daughters out of which marriage of elder daughter - Abeda was performed before four years with Maheboobmiya Bhikhumiya Kureshi, resident of Village Gorva. Maheboobmiya has one earlier wife also. Prior to two years from the date of incident, daughter of the complainant Abeda and her husband were residing in a hut near their house in Kalyannagar Tekara. Out of the wedlock of the daughter of the complainant and Maheboobmiya, one daughter has born whose name is Taslim. Since the Abeda has not delivered son child, Maheboobmiya frequently quarrel with her and was taunting and in drunken condition, he was also beating his daughter Abeda.

(3.) On the basis of the said complaint, investigation was started, statement of witnesses were recorded, inquest panchnama was carried out, panchnama of scene of offence was carried out, postmortem report was obtained and after through investigation, as there was sufficient evidence against the respondent - accused, Chargesheet was filed in the court of learned Chief Judicial Magistrate. As the offence committed by the accused persons was exclusively triable by the Court of Sessions as per the provisions of Sec. 209 of Criminal Procedure Code, the learned Judge was pleased to commit the case to the Court of Sessions and the case was transferred and placed for trial in the court of learned Sessions Judge, which has been numbered as Sessions Case No.54 of 1996. Thereafter, Charge was framed against the accused for the offence punishable under sec. 302 of Indian Penal Code. The accused pleaded not guilty to the Charges and claimed to be tried. The prosecution, therefore, laid evidence, oral as well as documentary. After the evidence was over, Further Statement of the accused were recorded under sec. 313 of the Code of Criminal Procedure and arguments were heard. At the conclusion of the trial, the learned Sessions Judge was pleased to acquit the accused for the charge levelled against him. Hence, the appellant - State of Gujarat has preferred the present Criminal Appeal challenging the judgement and order of acquittal.