STATE OF GUJARAT Vs. RAJUJI BADARJI

JUDGEMENT

(1.) The present appeal is filed by the State of Gujarat under Section 378 of the Code of Criminal Procedure, 1973, against the judgment and order of acquittal dated 31st December, 1985, passed by the learned Additional Sessions Judge, Ahmedabad Rural at Narol, in Sessions Case No.114 of 1985, whereby the learned trial Judge has acquitted the respondent-orig.accused frn 302 of the Indian Penal Code.

(2.) Mr.K.C. Shah, learned Additional Public Prosecutor, appearing on behalf of the appellant-State has taken us through the charge (Ex.4) and the facts placed before the learned trial Judge in detail vis-a-vis the grounds of challenge mentioned in paragraph no.4 of the memo of the appeal. He has also taken us through the oral as well as the documentary evidence led during the course of trial and also the reasons assigned by the learned trial Judge for recording the finding of acquittal. To appreciate the say of Mr.K.C. Shah, learned Additional Public Prosecutor, placed before us as well as Mr.Saurabh Amin and Mr.Y.V. Vaghela, learned counsel appearing on behalf of Mr.Ghanshyam Amin, firstly according to us, it would be proper to state the facts of the case of the prosecution in brief as under :

(3.) It is further alleged that four days prior to the date of incident, when Nanduben and Kokila were going to their parental home, the respondent-accused had gone to the bus-stand and against the will of Kokila, the respondent-accused took Kokila back to his house. On the date of incident i.e. on 01st August, 1985, Kokila had attempted to go to her parental home once again but when she was at the bus-stand, she was forcibly dragged and brought back to her matrimonial house by the respondent-accused any time between 08-30 a.m. and 09-00 a.m. Kokila was found dead on the very day and it is alleged that Kokila was done to death by way of strangulation at the house of the respondent-accused by him any time between 09-00 a.m. and 11-00 a.m.