THE STATE OF GUJARAT Vs. ARVINDBHAI RAYJIBHAI BARIA

JUDGEMENT

(1.) This Appeal under Section 378 [1] (3) of the Code of Criminal Procedure, 1973 ["CrPC" for short] is preferred by the appellant -State of Gujarat against the order of acquittal passed by the learned Presiding Officer, 7th Fast Track Court, Vadodara in Sessions Case No. 82 of 2005 dated 16th September 2005 whereby the respondents herein were acquitted of the offence punishable under Sections 302, 504 of the Indian Penal Code read with Section 135 of the Bombay Police Act.

(2.) By an Order of this Court dated 22nd January 2009, Appeal came to be admitted qua respondent no. 1 only, since the respondent no. 2 -Kamleshbhai Raujibhai Pagi had expired on 27th May 2005, and the above fact is also recorded in the Order dated 28th September 2015 by this Court.

(3.) As per the case of prosecution, complainant - Rameshbhai Bachubhai Pagi, who happens to be brother - in -law of the deceased had come with his family at the place of his father -in -law on the eve of "Uttrayan" and he had three brothers -in -law; including deceased Arvindbhai.