HITESHBHAI RAMESHBHAI NINAMA Vs. THAVRAJI MARTAJI BODAR

JUDGEMENT

(1.) Present Appeal is preferred by the original complainant under Sec. -372 of the Code of Criminal Procedure, 1973, against the acquittal recorded by the judgment and order dtd. 19/1/2023 passed by Sessions Judge, Modasa, Arvalli, in Sessions Case No.3 of 2020. By the aforesaid judgment and order, the respondent Nos.1 and 2 (original accused) have been acquitted for the offences under Sec. -302 and 114 of the Indian Penal Code.

(2.) The complaint came to be registered by the appellant, when the uncle and aunt of the appellant on 8/10/2019 saw the dead body of the deceased-Bipin (brother of the complainant) in hanging position on the door of the old house of the complainant. Upon immediate inquiry, younger brother; Vipul informed the complainant that the deceased-Bipin and Vipul on 7/10/2019 were at another Village-Andhariya for celebrating 'Navratri' festival and about 3.30 am, the deceased-Bipin had returned back to their Village-Padra, while Vipul continued to stay at Village-Andhariya. However, at around 4.00 am, allegedly Vipul received mobile phone call from the accused no.1 informing Vipul that Bipin had come to the house of the accused no.1 to meet his niece and his mobile is found here, so Vipul and Bipin should come and collect the mobile.

(3.) On account of the aforesaid on the basis of suspicion that on account of relationship between Bipin and niece of the accused no.1, the offence was committed for which F.I.R. came to be registered as C.R. No.I-83 of 2019 with with Bhiloda Police Station against three accused persons.