STATE OF GUJARAT Vs. RAJESHBHAI LAXMAN MAKWANA

JUDGEMENT

(1.) The present appeal under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973, is preferred by the appellant/State of Gujarat, against the judgment and order of acquittal dated 06.04.2005, passed by the learned Additional Sessions Judge, Fast Track Court No.2, Bhavnagar, in Sessions Case No.12 of 2005.

(2.) The case of the prosecution in brief is that the present accused were harassing the deceased Induben mentally and physically, since more than last three years. It is also the case of the prosecution that the accused herein had demanded money from the deceased Induben and the deceased Induben being unable to bring the money so demanded, the accused pushed the deceased on a burning stove on 28.08.2004, at 20:30 hours, with knowledge and intention that such an act can cause death of the victim. Thus, the accused were charged for the offences punishable under Sections 302,307, 498(A) read with section 114 of the Indian Penal Code.

(3.) Upon filing of the complaint, investigation was carried out and the accused were arrested and charge sheet was submitted in the Court of the learned J.M.F.C. However, as the case was exclusively triable by the Court of Sessions, the same was committed to Sessions Court. Thereafter, charges were framed against the accused persons. The accused pleaded 'not guilty' and claimed to be tried.