STATE OF GUJARAT Vs. RAMANBHAI UMEDBHAI ZALA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 16/11/1994 passed by the learned Additional Sessions Judge, Nadiad in Sessions Case No.262 of 1993, whereby the respondents accused came to be acquitted for the offences under Sec. 302, 34, 120B and 504 of Indian Penal Code, the appellant - State has preferred present appeal under sec. 378 of the Code of Criminal Procedure, 1973 ("the Code" for short).

(2.) Brief facts leading to prosecution case can be stated thus, accused no.1 happens to be brother of accused no.2. The complainant - Ganpatsinh and prosecution witnesses - Bharatsinh and deceased Mohabatsinh were brothers. On 14/6/1993, complainant's marriage was to be performed. Accused no.2 - Buniben is wife of Bharatsinh. Accused no.2 - Buniben is married with Bharatsinh, but necessary ceremony to bring her to the house of her husband was not performed. As marriage of Ganpathsinh was schedule, she was invited to join marriage. She was sitting outside the house on Otla. At that time, deceased - Mohabatsinh came there and told her that it is not proper to sit on Otla where many males members are passing through nearby Otla. She did not like it and replied that she would get him killed once her brother i.e. accused no.1 would come there. Thereafter, on the next day, when deceased - Mohabatsinh, Vikram etc. were sitting outside the house, accused no.1 came there at about 12.00 a.m. to bring his sister Buniben and Nanduben back with him, at that time, the complainant and other prosecution witnesses told accused no.1 to let Buniben and Nanduben to stay for few days more. On account of this, accused no.1 got annoyed and abused Mohabatsinh and took out knife from his pant, assaulted on Mohabatsinh and gave knife blow on his back side. On account of this, Mohabatsinh fell down and died. It is the case of the prosecution that sister in law of deceased - Mohabatsinh viz. Kamalaben aged 10 years was staying there. As she was not seen at the time of marriage procession, which was to be commenced, complainant asked wife of deceased Mohabatsinh as to why Kamalaben has not joined marriage procession, at that time, she informed that she has refused to join marriage procession at the instance of accused no.2 - Buniben.

(3.) In pursuance of the FIR lodged by the complainant - Ganpathsinh, which came to be registered as C.R.No.I-152 of 1993 with the Mehamdabad Police Station for the offence under Sec. 302, 120B, 504 and 34 of Indian Penal Code, the investigating agency recorded statements of the witnesses, drawn panchnama of scene of offence, discovery and recovery of weapons and obtained FSL report for the purpose of proving the offence. After having found sufficient material against the respondents accused, charge-sheet came to be filed in the Court of learned JMFC, Mehamdabad. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Nadiad as provided under sec. 209 of the Code.