STATE OF GUJARAT Vs. DHARMENDRASINH DASHRATHSINH RATHOD

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. 15/11/2008 passed by the learned Presiding Officer and Additional Sessions Judge, Fast Track Court No.4, Ahmedabad (Rural) in Sessions Case No.103 of 2005 acquitting the accused for the offences punishable under Ss. 323, 294-B, 306, 509 read with Sec. 114 of the Indian Penal Code, 1860 (IPC).

(2.) The brief facts that could be drawn from the record suggests that on 5/3/2005, the complainant - lodged a complaint before the Sabarmati Police Station, Ahmedabad vide I-C.R. No.82 of 2005 for the above alleged offences. As per the case, the deceased and the complainant being a legally wedded couple were residing at Block No.3/1 in Ranip Police Lines, Ahmedabad. About one and half months or two months prior to the complaint, on 28/2/2005 in absence of the complainant, the accused used to go to the house of the complainant and repeatedly used to take undue liberty of the complainant's wife (the deceased), i.e. Arunaben. Likewise on 28/2/2005 at about 10 a.m. when Arunaben and her daughter were passing near Water Tank, Opposite Flour Mill, Ranip Police Lines, the accused alongwith other absconding co-accused-Bhanvarsinh knocked on the door of the complainant. Further, thereafter, on 3/3/2005, at 12.30 hours in the midnight, when the accused knocked on the door of the complainant's house, the wife of the complainant- Arunaben did not open the door. However, the accused being obstinate continued to knock on the door, as a result, the deceased started shouting and therefore, the neighbours and persons residing in the vicinity of the house of the complainant gathered there.

(3.) On 4/3/2005, when the complainant returned back home from service, he came to know about the incident, he scolded the absconding accused-Bhanvarsinh, who got excited and started using abusive language to the complainant and gave kick and fist blows and as a result of which, the complainant fell down and thereafter, the quarrel took place.