STATE OF GUJARAT Vs. DAXESH BHIKHALAL SHAH

JUDGEMENT

(1.) The appellant State of Gujarat has preferred the present appeal under section 378(1) (3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 24.3.2004 rendered by learned Additional Sessions Judge, Fast Track Court, Vadodara in Sessions Case No.159 of 2001.

(2.) The short facts giving rise to the present appeal are that the complaint was lodged before Karelibaug Police Station and thereafter it was registered as Accidental Death No.57/2000 and the same was registered in the Station Diary as 5/2000. Thereafter, the complaint was filed by one Lataben against the present accused with Karelibaug Police Station bearing CR No.I 1/2001. Initially one day prior to the filing of the complaint, i.e. on 25.12.2000 one Shaileshbhai Mohanbhai Vasava who resides nearby the place of incident, was standing near the gate of Kirti Tower and he was reading a newspaper, at that time, suddenly, he heard some doubtful noise and he saw Diptiben was lying on the ground and thereby sustained head injury on account of which the blood was oozing out from the head of said Diptiben. Therefore, he shouted and thereupon public gathered there. At that time, PSI Makwana was standing there in vehicle, witness Shaileshbhai informed him about the incident and in turn, PSI Makwana informed to Karelibaug Police Station regarding the incident in question.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the respondent accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.