STATE OF GUJARAT Vs. PATEL VISHNUBHAI CHATURDAS

JUDGEMENT

(1.) The captioned matters emanates from the judgment and order passed by the trial Court dtd. 18/9/1995 in Sessions Case No.52 of 1995, wherein and whereby, the trial Court has acquitted all three accused, who are charged with the offences punishable under Ss. 302, 201, 118 and 120B read with Sec. 114 of the Indian Penal Code, 1860 (the IPC).

(2.) Before we proceed to decide the captioned matters, it would be apposite to refer that vide order dtd. 31/1/2020 passed by the Coordinate Bench, the trail Court was directed to examine seven witnesses under the provisions of Sec. 391 of the Code of Criminal Procedure, 1973 (the Cr.P.C.). Thereafter, it was found that three witnesses have been passed away and rest of the four witnesses have not supported the case of the prosecution.

(3.) The respondent No.1 (original accused No.1), namely Vishnubhai Chaturbhai Patel, was married to the deceased, namely Sumitra. According to the case of the prosecution the marital life of the accused No.1 with Sumitra was sorrowful. The accused No.1 wanted divorce. However, the deceased was not ready to give divorce to the accused No.1. In such circumstances, the accused No.1, in collusion with the accused Nos.2 and 3, hatched a conspiracy to eliminate the deceased.