STATE OF GUJARAT Vs. PREMJIBHAI BHUDARBHAI DABHI

JUDGEMENT

(1.) This Appeal is preferred by the State against the judgment and order delivered by learned Additional Sessions Judge & Fast Track Court Judge, Modasa, District Sabarkantha, in Sessions Case No. 46 of 2003, whereby the present respondent came to be acquitted from the charges levelled against him for the offences punishable under Sections 510, 302 and 201 of the Indian Penal Code as well as under Section 135 of the Bombay Police Act.

(2.) Learned APP Mr. K.C. Shah was heard at length at the admission stage.

(3.) The brief facts discloses that complainant, who is eldest amongst four brothers, gave a complaint before Dhansura Police Station on 19th of October, 2002, stating that they being four brothers and resided separately and deceased in the incident Somabhai was serving as agricultural helper at Uchchhal village, and on 16th of October, 2002, after performing religious rites of "havan" of Dashera, at about 5.00 p.m. in the evening, Somabhai had started to go to village Uchchhal from his village Butal. On 19th of October, 2002, while complainant was proceeding to his agricultural land, he noticed that, in wasteland one deteriorated dead body was lying, that he knew from his fellow villagers, and when he inspected the said dead body, he found that, the said dead body was of his younger brother Somabhai, who was last seen on 16th of October, 2002 and had gone to Uchchhal from Butal at 5.00 p.m. Thereafter, complainant on the same day informed the Police about this orally. According to the prosecution case thereafter one Somabhai and Kanubhai, native of village Bhutal, met the complainant and conveyed that on 16.10.2002, when Somabhai and Kanubhai were going to pilgrimage, the accused met them, who was frightened and was going in hurry and he told to Somabhai and Kanubhai that he (accused) and deceased Somabhai while sitting on a well, quarrel took place between them. It was further conveyed by this two witnesses to complainant that accused had told them that he (accused) gave a blow with spade on the head of deceased Somabhai and he thereafter had thrown the dead body in the wasteland. A charge sheet came to be filed and prosecution examined eight witnesses and produced on record voluminous documentary evidence. Further statement in this regard of the complainant was recorded by Police on 10.11.2002.