STATE OF GUJARAT Vs. SHAILESHBHAI MADHUBHAI PATEL

JUDGEMENT

(1.) By means of filing this Appeal under Sec. 378 [1] (3) of the 10 of Criminal Procedure, 1973 ["Cr.PC" for short], the appellant-State seeks to challenge the judgment and order dated 11th July 2005 passed by the learned Presiding Officer, Fast Track Court, Valsad in Sessions Case No. 45 of 2004.

(2.) The broad essential facts which are to be stated for adjudication of this Appeal are that - the first informant Shri Jugalbhai Mohanbhai Rata, who lodged the complaint inter alia stating that his father Shri Mohanbhai Lalbhai Patel had left home at about 9:15 pm on 17th March 2004 stating him that he was going to attend religious ceremony at the house of one Jayesh Patel. However, on 18th March 2004 at about 6:30 am, neighbour of the complainant viz., Natubhai Patel informed him that the dead body of his father was lying in the field of one Dahyabhai Ahir. Hence, the first informant along with his brother and other neighbours went there and found that the deceased was lying in a pool of blood, having indiscriminate cause throughout body and turban of the deceased was found to be in a burnt condition, and therefore, the informant lodged a complaint before Vapi Town Police Station, which was registered as C.R. No. 88 of 2004. Based on this complaint, Police started investigation and the respondent herein came to be arrested. After collecting evidence against the respondents herein, charge-sheet came to be filed by Police before the learned Judicial Magistrate, First Class, Pardi, who in turn committed the case under Sec. 209 Crimial P.C. to the Court of Sessions at Valsad, since the offence committed by the accused was exclusively triable by the Sessions Court.

(3.) At trial, the respondent-accused pleaded not guilty and claimed to be tried. Therefore, the prosecution examined sixteen witnesses and produced twenty seven documentary evidence in support of the charges levelled against them. However, after hearing both the sides and weighing the evidence available on the record, the learned Presiding Officer, Fast Track Court, Valsad was pleased to acquit the respondent of the charges levelled against them, and hence, this Appeal.