STATE OF GUJARAT Vs. KALPESHBHAI BHIKHABHAI BHAVSAR

JUDGEMENT

(1.) THE endorsement on the Board indicates that notice issued to the respondent -accused has not been received back, either served or unserved and today, none appears on his behalf.

(2.) THE present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 14.02.2001 passed by the learned Special Judge, Bharuch in Special Case No.4/1999, whereby the learned Trial Judge acquitted the original accused -respondent herein of the charges for the alleged offences.

(3.) THE brief facts of the prosecution case are that complainant -Somabhai Supadbhai Vasava is residing at Panvadi Village. On 25.10.1998 and his brother -in -law Punabhai came into contact with a live -electric wire and died in the Village Dharoli. It is further case of the prosecution that the police was informed about the same and thereafter, the dead body was brought to Zaghadia Referal Hospital. The regular doctor was on leave and therefore, the accused -respondent herein was the in -charge doctor. It is further case of the prosecution that the accused demanded Rs.2,000/ - for postmortem and Rs.500/ - was paid and another Rs.1500/ - was agreed to be given at the time of report. The complainant did not want to pay the bribe and therefore, the complainant contacted Bharuch ACB Police Station. Thereafter, the ACB arranged a trap and the accused was caught redhanded while accepting the amount. The accused accepted the bribe amount and put in the pocket. Thereafter, a complaint was lodged being IC.R.No.7/1998 with Bharuch ACB Police Station.