STATE OF GUJARAT Vs. RAVIBHAI DATTARAM CHAUHAN

JUDGEMENT

(1.) The present appeal filed under Sec. 378(1)((3) of the Code of Criminal Procedure, 1973 is directed against the judgment and order dtd. 31/12/2002 passed by the learned Additional Sessions Judge, Ahmedabad in Sessions Case No. 257 of 2002, whereby, the learned Trial Court has acquitted the respondents-accused for the offences punishable under Ss. 302, 120B, 34 and 114 of the Indian Penal Code, 1860 ("IPC" for short) read with Sec. 135(1) of Bombay Police Act, 1951.

(2.) The brief case of the first informant, as alleged in the FIR is that, one of the accused was having illicit relationship with the wife of the deceased namely Raghuvir i.e. son of the complainant. On 7/5/2003, at approximately 1:30 p.m., the accused No.3 came to the residence of the deceased and called him to Kamalpuri Three Roads, with an intention to commit crime, where a physical altercation took place and as alleged, during the fight, accused Nos.2 and 3 have restrained the deceased and accused No.1 inflicted knife blow at the left thigh of the deceased, which caused death of the deceased.

(3.) In pursuance of the above allegations, an FIR came to be lodged with Kagdapith Police Station, Ahmedabad, bearing IC.R. No.159 of 2022 dtd. 7/5/2002 under Ss. 302, 120B, 34 and 114 of the IPC read with Sec. 135(1) of Bombay Police Act. During the course of investigation, the Investigating Officer has recorded statements of the witnesses, drawn various panchnamas and thereafter, charge sheet came to be filed.