STATE OF GUJARAT Vs. DAVE BHANUSHANKAR KRUSHNALAL

JUDGEMENT

(1.) This acquittal appeal preferred by the State is directed against the impugned judgment of acquittal dtd. 30/6/1999 passed by the learned Additional Sessions Judge, Dhangadhra, Dist.: Surendranagar in Sessions Case No. 157 of 1998, by which, the respondents accused have been acquitted under Sec. 302, 201 read with Sec. 114 of the Indian Penal Code.

(2.) Case of the prosecution in short, is that, deceased Kishorsinh Takhubha had married to respondent accused Sitaba and during their wedlock, they blessed with daughter Rajeshwari - PW-4. According to case of the prosecution, the respondent accused Sitaba had developed illegal relationship with accused Bhanushankar and in absence of deceased husband, he used to come at the rented premises situated at Dhangadhra. The owner of the rented premises came to know about the relationship of accused and deceased was also knowing their relationship. The accused Sitaba and Bhanushankar started residing together along with daughter Rajeshwari at Village: Kuda. The deceased with the help of village people of Kuda tried to convince the accused Sitaba to come with him but the accused Sitaba was frmed in her decision. The deceased was hurdle for the accused in maintaining the relationship. In such circumstances, the accused made a plan to kill the deceased. The deceased was taken to secluded forest area by accused Bhanushankar, where, he was assaulted by iron pipe and succumbed to the injuries. After the said incident, the passer-bye one Mr. Vikramsinh saw the dead body in decomposed manner and accordingly, he informed the village Sarpanch - Lalbha Jivabha and Dhangadhra Police was informed on 21/8/1998. Based on the information, the accidental death was being registered with Dhangadhra Police. The PSI - PW-14, went to the place of incident and prepared inquest panchnama, sent the dead body for postmortem, drew the panchnama of place of incident. The cause of death was head injury allegedly caused by the blunt and hard substance. Based on the opinion of the PM doctor, the PW-14 - IO lodged an FIR against the unknown assailants for the ofence of murder. After registration of the ofence, PW-14 entrusted the investigation of the case. During the course of investigation, I.O. recorded the statements of the witnesses and it reveled that deceased Kishorsinh was hurdled for the accused in maintaining their illicit relationship, as a result of which, the respondent accused Bhanushankar decided to eliminate the deceased and accordingly, the deceased was taken to forest area, where he was done to death. In such circumstances, the IO during the course of investigation recovered the weapon by drawing discovery panchnama at the instance of accused and seized the cloths and shoes of the deceased, arrested the accused and after completion of the investigation, chargesheet for the aforesaid ofences came to be fled before the jurisdictional Magisterial court.

(3.) The Sessions Court, Dhangadhra, framed the charges and trial against the accused commenced.