STATE OF GUJARAT Vs. RAMESHBHAI

JUDGEMENT

(1.) This acquittal appeal is preferred by the State of Gujarat against the judgment and order of acquittal dtd. 8/2/2010 passed by the learned Additional Sessions Judge, Fast Track Court, Nadiad at Kheda in Sessions Case No.45 of 2009, whereby, the original accused Nos. 3 and 4 i.e. respondent Nos. 1 and 2 have been acquitted of the charges under Ss. 302, 326, 307, 504 read with Sec. 34 of the IPC and Sec. 135 of the Bombay Police Act.

(2.) All the accused came to be tried for offences punishable under Ss. 302, 307, 326, 504 read with Sec. 34 of the Indian Penal Code, 1860 ('IPC', for short) and Sec. 135 of Bombay Police Act, 1951 ('B.P. Act', for short). The trial Court, after appreciation of the evidence, acquitted the accused as per the below table:

(3.) Facts and circumstances giving rise to this appeal are that, the complainant and the accused are resident of village; Baladi, Taluka: Mahudha, Dist.: Kheda and they are also relatives. On 5/7/2008, the complainant PW-1 - Naresh Chauhan, his father - Ramjibhai and uncle - Abhabhai PW-12, had gone to their field for cultivation.