STATE OF GUJARAT Vs. NAVINCHANDRA C CHANDARANA

JUDGEMENT

(1.) THE challenge in this appeal under Section 378 of the Code of Criminal Procedure, 1973, is to the judgment and order dated 10.11.1994, rendered by the learned Additional Sessions Judge, Rajkot, in Sessions Case No.275 of 1993, whereby the respondents, original accused, have been acquitted of the charges under Sections 498A, 306, read with Section 114, of the Indian Penal Code.

(2.) IT may be noted that respondent No.1 ­ original accused, Navinchandra Chhaganlal Chandarana, husband of the deceased, has died about 17 years ago of a heart attack in the Civil Hospital, Rajkot. This fact has emerged from a communication dated 28.01.2013, received from the District Court, Rajkot, on the basis of the report and statements recorded by the police pursuant to fresh notice issued by this Court on 20.12.2012. Vide order dated 29.01.2013, this Court has treated the appeal qua respondent No.1 as having abated. The appeal, therefore, now survives only with respect to respondent No.2, Prabhaben Hasmukhbhai Nadha.

(3.) UPON registration of the complaint, the investigative machinery was set into motion. The statements of witnesses were recorded and an inquest was held on the dead body of the deceased, which was then sent for autopsy. The inquest Panchnama and the Panchnama of the scene of offence were prepared. At the end of the investigation, as the prosecution gathered sufficient incriminating evidence against the respondents, they came to be chargesheeted before the learned Chief Judicial Magistrate, Rajkot, under Sections 498A, 306 and 114 of the Indian Penal Code. As the offence under Section 306 of the Indian Penal Code is exclusively triable by a Court of Sessions, the learned Magistrate committed the case to the Sessions Court (hereinafter referred to as the "Trial Court"), where it was registered as Sessions Case No.275 of 1993. The Trial Court framed the Charge against the accused at Ex.1, which was read over and explained to them. The respondents denied the charges and claimed to be tried. Accordingly, the case was put to Trial. In order to bring home the guilt of the accused, the prosecution examined as many as 12 witnesses and produced about 14 documents, in evidence. After the recording of the evidence of the prosecution witnesses was over, the Trial Court explained to the accused, the statements appearing against them in the evidence of the prosecution witnesses and recorded their statements under Section 313 of the Code of Criminal Procedure, 1973. The defence was the accused was that of denial. After appreciating and evaluating the evidence on record, the Trial Court recorded a finding of acquittal in favour of the respondents, concluding that there was insufficient material on record to hold the respondents guilty of the charges levelled against them. Hence, the present appeal.