STATE OF GUJARAT Vs. ABDULBHAI MUBARAKBHAI RATHOD (SIPAI)

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 30.09.2005 passed by the Presiding Officer, Dhrangadhra in Sessions Case No. 11 of 2005 whereby the accused has been acquitted of the charges leveled against him.

(2.) The brief facts of the prosecution case are that the respondent who was mentally ill killed his mother. It is the case of the prosecution that on the day of the alleged incident, when the complainant returned home after grazing cattle, he saw a mob outside his house. When he went inside he saw that his mother was lying in a pool of blood and the respondent was sitting in a room with a dharia in hand. It is the case of the complainant that on being asked, the respondent replied that he had killed his mother as she was harassing him. A complaint was therefore lodged by the complainant. Pursuant to the complaint, investigation was carried out. After investigation, charge-sheet was filed and as the case was triable by the Court of Sessions, it was committed to the Court of Sessions.

(3.) Ms. Thakore, learned APP appearing for the appellantState has submitted that the trial court committed an error in releasing the respondent-accused. It was contended by Ms. Thakore, that the judgement and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondent. Learned APP has also taken this court through the oral as well as the entire documentary evidence.