(1.) Present appeal has been filed by the appellant - State under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 challenging the judgment and order dtd. 15/12/2005, passed in Sessions Case No. 75 of 2005 by the learned Presiding Officer, 4th Fast Track Court, Sabarkantha at Himatnagar, recording the acquittal.
(2.) Brief facts are that on 16/11/2004 at about 8:00 a.m. deceased younger brother of the complainant namely Jayeshbhai was going to the field for fetching grass at that time, his neighbours Amrutbhai Monghabhai Parmar, Vinodbhai Amrutbhai Parmar, Rajubhai Amrutbhai and Ramanbhai Monghabhai Parmar - respondents herein - original accused were standing on the road, asked Jayeshbhai as to who had written chit (letter) to Dharmishtha to which, Jayeshbhai denied of having any information. Hence, the respondents - original accused got infuriated and started giving filthy abuses to Jayeshbhai and thereafter, gave kick and fist blows. At that time, complainant Ishwarbhai and his uncle Kantibhai Becharbhai intervened and got relieved Jayeshbhai, however, while leaving, the respondents allegedly, threatened to kill him. Afterwards, in the evening, when complainant - Ishwarbhai asked deceased Jayeshbhai to join him to the field, Jayeshbhai told him that he would join him later, after going to the temple. Thereafter, when the complainant returned home at about 6:00 p.m., he was informed that there was a call from the hospital and that Jayeshbhai might have consumed poision and was serious and hence, the complainant rushed to Talod Government Hospital and by the time he reached there, Jayeshbhai had died. Hence, the complainant lodged the complaint against the respondents for the offences punishable under Ss. 306 , 323 , 504 , 506(2) and 114 of the Indian Penal Code, 1860 (herein after referred to as "the IPC ").
(3.) Heard, Ms. Jirga Jhaveri, learned Additional Public Prosecutor for the appellant - State and Mr. Bhagyoday Mishra, learned advocate for the respondents - accused.