STATE OF GUJARAT Vs. BHURA MERAMAN VANIA (HARIJAN)

JUDGEMENT

(1.) The present appeal filed under the provisions of Sec. 378(1)(3) of the Criminal Procedure Code, 1973 (for short, "the Cr.P.C), is directed against the judgment and order dtd. 15/10/2004 of acquittal passed by the Additional Sessions Judge (Fast Track Court No.1), Gandhidham - Kachchh, in Sessions Case No. 7 of 2002.

(2.) The respondent - accused was charge sheeted and tried for the offence punishable under Ss. 302, 447 and 201 of the Indian Penal Code, 1860 (for short, "the IPC") and under Sec. 135 of the Bombay Police Act, wherein and whereby at the end of the trial, THE learned Sessions Judge has acquitted the accused from the charges levelled against him.

(3.) The case of the prosecution as per the charge at Exh.1 and the complaint dtd. 27/10/2000 at Exh.49/C is that on 26/10/2000, on the next day of diwali, at round 5:00 a.m. in the morning, the first informant got up on hearing the noise and found one person in his compound (Varanda), who was his son-in- law and on inquiring from him that how he had come inside, in response, the respondent-accused said "he has crossed the fence", which was behind his house. The daughter of the complainant Liliben along with her minor girl aged about 12 months, who was also sleeping in the compound of the first informant's house, got up and walked towards the house of his brother - Naranbhai, PW-2. The first informant heard the shouts and rushed out, where he saw the accused was inflicting blows on his daughter Liliben and thereafter, the complainants brother PW-2 came out and caught hold of the accused and after, few scuffle he ran away. Hence, the PW-1 registered an F.I.R. in view of the said incident. The deceased succumbed to the fatal blows, hence the respondent-accused was charged with the aforementioned offences.