STATE OF GUJARAT Vs. SANJAYKUMAR AJITKUMAR PATEL

JUDGEMENT

(1.) This Appeal under Sec. 378 of the Code of Criminal Procedure, 1973 is filed by the State challenging the judgment and order of acquittal passed by learned Additional Sessions Judge, Banaskantha at Palanpur dtd. 31/1/1995 rendered in Sessions Case No. 115 of 1993, whereby respondent - accused came to be acquitted of the charges leveled against him.

(2.) As per the case of the prosecution, first-informant - Leenaben married one Vipulbhai Gordhandas Kothari and out of the wedlock, she had a baby girl named Shweta, who is the deceased in the present case. At the relevant time, deceased - Shweta was aged about 8 years. After the birth of deceased - Shweta, husband of Leenaben i.e. father of Shweta, suffered Parkinson Disease. Despite prolonged treatment, his condition did not improve. Therefore, first-informant - Leenaben undertook the work earlier undertaken by her husband as he was removed from where he was working because of his ailment.

(3.) Heard Ms. Jyoti Bhatt, learned Additional Public Prosecutor as also Mr. Mrudul Barot, learned advocate for the respondent - accused.