STATE OF GUJARAT Vs. CAHMAYDABHAI PADVIBHAI RATHVA

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973 (for brevity, 'the Code') and the Criminal Revision Application are directed against the judgment and order dated 18/11/1995, passed by the learned Additional Sessions Judge, Vadodara, Camp: Chhota Udepur, in Sessions Case No. 23 of 1995, whereby the respondent herein original accused has been acquitted of the charges levelled against him.

(2.) Brief facts of the prosecution case are that on 09/11/1994, the respondent accused had allegedly asked deceased Reliyabhai Adaliyabhai Rathva to borrow him some money and since the deceased had no money, he sold out silver ornaments possessed by him for a consideration of Rs.25,300/, however, he still possessed two silver wristlets, and at that time, the accused was also there with the deceased. Hence, prior to one and a half month of 01/01/1995, the accused, out of allurement to have money, with illintention brought the deceased to a place called tekra, assaulted the deceased with a wooden stick and thereby, committed his murder and thereafter, he looted the money and two silver wristlets belonged to the deceased. Besides, the accused, with a view to hide the offence, threw away the dead body of the deceased in a gorge (kotar) and thereby, disposed it of. The respondent accused thus, committed the offence alleged against him for which, a complaint came to be lodged against the accused for the offences punishable under Sections 302, 391 and 201 the Indian Penal Code (for brevity, 'the IPC').

(3.) We have heard Ms. Shruti Pathak, learned Additional Public Prosecutor for the appellant State, Mr. Pratik Barot, learned advocate for the respondent accused and Mr. Yogendra Thakore, learned advocate for the revisionist.