STATE OF GUJARAT Vs. HARDEVSINH JILUBHA

JUDGEMENT

(1.) BY way of the present appeal under Section 378 of the Code of Criminal Procedure, 1973, the appellant State has challenged the judgement and order of acquittal dated 13.1.1994 passed by learned Additional Sessions Judge, Bhavnagar, in Sessions Case No. 160 of 1991 whereby the respondents -original accused were acquitted of the charges under Sections 302, 342 read with Section 34 of the Indian Penal Code.

(2.) THE facts of the prosecution case, in a nutshell, are that cycle of Ganpatsinh Jilubhai was missing. Ganpatsinh doubted Kalu Sivubha that he had stolen the cycle and sold it out. Therefore, on 9.6.1991 both the accused took him to the plot of Ganpatsinh where they tied and beaten him. Due to that Kalu died. Thereafter, the accused have thrown him in cesspit and thereby the accused have committed offence. A complaint in this regard has been lodged by the complainant. On the basis of the complaint, investigation was carried out. Chargesheet was filed.

(3.) LEARNED A.P.P. Ms. C.M. Shah for the appellant has submitted that in order to prove the case against the accused, the prosecution has examined the following witnesses: <FRM>JUDGEMENT_125_LAWS(GJH)9_20131.html</FRM>