JAYANTIBHAI PRABHUBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present Criminal Appeal is filed by the appellant- original accused under Section 374 of the Code of Criminal Procedure challenging the impugned judgment and order passed in Sessions Case No. 257 of 1997 by the learned Additional Sessions Judge, Court No. 18 at Ahmedabad on 18.06.1999 recording conviction and sentence of the appellant-original accused for the alleged offences punishable under Sections 330 and 323 of the Indian Penal Code, recording reasons for the same.

(2.) The facts of the present case briefly summarized are as follows:

(3.) As it transpires from the material and evidence on the record deceased Alkeshkumar Natwarlal Panchal was serving in the factory of the accused and the accused is alleged to have leveled allegation of theft and/or irregularities against the deceased for which deceased got upset and humiliated and consumed acid in the toilet of the factory. The deceased was taken to the hospital and succumbed to the death, for which initially on the basis of 'Janvajog' Entry No. 17/1999 inquiry was made. Thereafter, investigation was made and the FIR being CR. No. I-238/1997 was registered at Bapunagar Police Station. It was also required to be mentioned that mother of the deceased has given complaint before the Court of Magistrate and therefore M. Case No. 67 of 1997 was also registered and after further inquiry under Section 156(3) of the Code of Criminal Procedure the case was registered.