B.L. SHUKLA Vs. FATMABAI ISMAIL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree passed by the learned Civil Judge, Senior Division, Junagadh in Special Civil Suit No. 58 of 1971, filed by the plaintiff -respondent against the appellants -defendants for recovery of Rs. 10,500/ - by way of damages for malicious prosecution.

(2.) APPELLANT No. 1 B.L. Shukla was at the material time a police officer attached to Chorwad Police Station. Appellant No. 2 Kantilal K.Vora was at the material time Deputy Superintendent of Police, Verav Sub -Division. These two police officers were concerned with the investigation of the case registered at C.R. No. 101 of 1970 of Chorwad Police Station. In the course of an inquiry under Section 174 of the Criminal Procedure Code on the information lodged by one Bharatdas Shamdas, it transpired that Prabhudas Shamdas was murdered. His death took place on the night between 26 -10 1970 and 27 -10 -1970 between 11.00 p.m. and 2.00 a.m. On 29 -10 -1970, at 19.15 hours, information was lodged regarding this offence of murder. Appellant No.1. Police Sub -Inspector Shukla, was a formal complainant. The facts disclosed were that one Bai Divali Sidi had administers poison to deceased Prabhudas Shamdas who was residing with her and with whom she was in illicit connection. She was residing at village Gadu where she was running a lodge. Dead body of deceased Prabhudas was initially found behind that lodge run by Bai Divali.

(3.) IN the course of the investigation, statements of several persons were recorded. Bai Divali's statement was recorded and it was found that respondent Fatmabai had abetted the act of poisoning Prabhudas which resulted into the death of Prabhudas. On 30 -11 -1970. respondent Bai Fatma was arrested. Her bail application was rejected by the Court. Report was made to add certain sections of the Indian Panal Code and to add the name of present respondent as accused by present appellant No. 1. After the necessary investigation. Bai Divali as well as respondent Bai Fatma were charge -sheeted to the Court of the Judicial Magistrate. First Class. After a preliminary inquiry, both of them were committed to the Court of Session to stand their trial. At the Sessions trial, both the accused including respondent Bai Fatma were acquitted. According to the appellants, they were acquitted giving them benefit of doubt.