STATE OF GUJARAT Vs. ARJUNBHAI

JUDGEMENT

(1.) Present appeal has been filed by the State under the provision of Sec. 378 of the Code of Criminal Procedure challenging the judgment and order dtd. 10/2/1995 passed by learned Additional Sessions Judge, Nadiad in Session Case No. 222/1994.

(2.) At the outset it is required to be noted that pending the present Appeal, Respondent Nos. 1 and 4 having expired, the present appeal qua them has been ordered to have abated.

(3.) The facts and circumstances giving rise to the filing of the Aappeal are such that, on 15/12/1993, one Kantibhai Mathurbhai Solanki, registered a complaint with the Mahudha Police Station District Nadiad to the effect that, in the morning of 15/12/1993, when he and his partner Vishnuubhai Shakarabhai Vaghri were working in his farm, his wife Chanchalben had come to his field to serve tea to them. Thereafter, she went to the well of Jayantibhai to fetch water for them. At 10 O' Clock in the morning, his wife Chanchalben had left the field to go home. The way to her home is passed nearby the field of Arjunbhai Dahyabhai Solanki. Upon reaching the place of incident, his wife raised cries for help. Upon hearing the cries, he went to the place of incident and saw that Arjunbhai was inflicting dharia blows upon his wife and Raymanbhai and Amratbhai were instigating him to kill her. Upon the complainant reaching there, the three of them ran away from the place. Upon this, a complaint being I-CR No. 139 of 1993 was lodged before the Mahudha Police Station, Khedat at Nadiad for offences punishable under Ss. 302, 504, 114 of IPC and Sec. 135 of the Bombay Police Act against the present respondents.