STATE OF GUJARAT Vs. RATHOD DHANA KARSANBHAI

JUDGEMENT

(1.) The present appeal is filed under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C.") against the judgement and order passed in Sessions Case No.17 of 2002 dtd. 18/12/2002 by learned Additional Sessions Judge, Fast Track Court, Dhrangadhra, Dist. Surendranagar, wherein and whereby all the accused were acquitted for the offences punishable under Ss. 302, 323, 324, 506(2) and 114 of the Indian Penal Code, 1860 (for short "the IPC") and Sec. 135 of the Bombay Police Act (for short "the B.P.Act").

(2.) The case of the prosecution, as per the Charge at Exh.14 is that the accused on 8/2/2001, brutally assaulted the first informant (deceased) between 21:00 to 21:30 hrs. due to some matrimonial dispute with his wife. All the accused have been charged for the offences punishable under Ss. 302, 323, 324, 506(2) read with Sec. 114 of the IPC and Sec. 135 of the B.P.Act.

(3.) Pursuant to the allegations made by the first informant-deceased, the F.I.R. was registered with Dhrangadhra Police Station being CR. No.I-27 of 2002 for the abovementioned offences. During the course of investigation, the investigating agency recorded the statements of witnesses, prepared various panchnamas, including panchnama of the scene of offence, and collected medical documents, including Post Mortem report. Additionally, the agency seized evidentiary material such as weapons used in the alleged attack on the first informant-deceased i.e. axe, iron rod and a sickle to substantiate commission of the offence.