STATE OF GUJARAT Vs. SHALIGRAM TAKTALIRAM

JUDGEMENT

(1.) This Appeal, preferred by the State of Gujarat under Section 378 (3) of the Code of Criminal Procedure, 1973 ["CrPC" for short], seeks to challenge the judgment and order dated 18th January, 2006 in Sessions Case No. 54 of 2004, whereby, the respondents herein have been acquitted of the charge for the offence punishable under Sections 302, 323, 114 of the Indian Penal Code.

(2.) The prosecution case, in brief, is that on 6th September, 2003 at about 22.00 hours, as per the case of the prosecution, there was some exchange of words between the Naynaben-wife of deceased and the accused no.2 Ushaben relating to their children. Thereafter, the Naynaben informed the said fact to her mother at Rajkot telephonically, her mother came to her house. When the deceased returned to his house in the night, his wife Naynaben informed him about the incident. That, thereafter, the accused no.1 Shaligram came to his house and started abusing him. Thereafter, the accused no.2 also came there and pulled the hairs of the Naynaben and her mother. The accused no.1 Shaligram gave kick and fist blows to deceased Bhupatbhai and when he gave a blow on his chest, the deceased fell down on the ground and started vomiting. Thereafter, the neighbours of the complainant came there and the accused left the place.

(3.) After receipt of the complaint, the Investigating Officer carried out investigation into the matter, recorded statements of the witnesses and thereafter, led chargesheet against the accused, and on committal of the case under section 209 CrPC, to stand trial for the offence, afore-stated, both the accused pleaded not guilty and claimed to be tried.