STATE OF GUJARAT. Vs. ANANDBHAI KANJIBHAI VATALIYA

JUDGEMENT

(1.) FEELING aggrieved and dissatisfied with the judgment and order dated 12.03.2012 passed by the learned 2nd Additional Sessions Judge, Jamnagar in Sessions Case No.101 of 2010 whereby, accused Nos.1 and 2 came to be acquitted for the offence punishable under Sections 304,201 and 114 of the Indian Penal Code, the applicantState of Gujarat has preferred the present application for leave to appeal under Section 378(1)(3) of the Code of Criminal Procedure.

(2.) BRIEFLY stated, complainant ­ Aalabhai Rajabhai lodged complaint with Lalpur police station being IC.R.No.24 of 2010 for the commission of offence punishable under Sections 304,201 and 114 of the Indian Penal Code inter alia alleging that accused No.1 ­ Anandbhai Kanjibhai Vataliya arranged live electric wire within the boundary of his field with an intention to protect crop from wild animal. On 30.04.2010 at about 15:00 hrs., son of the complainant namely, Dhanji @ Madha Aala came into contact with the said live wire and died. It is the case of the prosecution that though, it was within the knowledge of accused No.1 that live wire would cause death of any person or animal on contact, however, accused No.1 put live wire in the boundary of his field and as son of the complainant came into contact with live wire, he died due to electric shock. It is further the case of the prosecution that accused No.2 ­ Arjanbhai Gagjibhai Bamaniya abetted accused No.1 inasmuch as dead body of the deceased was shifted to the place near electric pole No.22 with an intention to destroy evidence and thus, both the accused committed the aforesaid offence.

(3.) AS the Court of the learned Judicial Magistrate First Class, Lalpur lacked jurisdiction to try offence, it committed the case to the Sessions Court, Jamnagar as provided under Section 209 of the Code of Criminal Procedure. Upon committal of the case to the Sessions Court, Jamnagar, the learned trial Judge framed charge Exh.7 for the aforesaid offence. Both the accused pleaded not guilty and claimed trial.