STATE OF GUJARAT Vs. DHANJIBHAI ABHEJI GOHIL

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order of acquittal passed by the learned Joint District Judge and Presiding Officer, 9th Fast Track Court, Nadiad in Sessions Case No. 121 of 2004, by which, the learned trial Court has acquitted the original accused for the offence under Sections 302 and 452 of the Indian Penal Code, the State has preferred by the present Criminal Appeal under Section 378 of the Code of Criminal Procedure.

(2.) As per the prosecution case on 15.03.2004 since respondent-accused was almost sick. Shakuben, Anandiben, Badhabhai, Vinubhai brought him to the place of Ghandabhai in Rickshaw. Along with Babubhai Ghandabhai Soda Parmar they went to village Kacchae to one which Doctor. On return journey, they again went to the house of Ghandabhai and after having dinner, they started for Anand. Complainant and other witnesses went to see him and during that time on 15.3.2004 at about 8.30 p.m. complainant's husband was about to sit for his dinner and at that time, electricity went off. Accused thought that from Jago Adivasi of Anand has followed him he hided himself in his house and on that misconception, he went to his house and took a knife and inflicted blows on Babubhai Ghandabhai Parmar on stomach region. Upon receiving these injuries, he was immediately took to the hospital and at 230 hours he succumbed to the injuries. Upon this fact, complaint came to be filed.

(3.) Ms. Moxa Thakkar, learned Additional Public Prosecutor appearing on behalf of the State has vehemently submitted that in the facts and circumstances of the case, the learned trial Court has materially erred in acquitting the original accused for the offence under Sections 452 and 302 of the Indian Penal Code.