STATE OF GUJARAT Vs. VELJIBHAI VITTHALIBHAI BUTANI

JUDGEMENT

(1.) This appeal is preferred by the State of Gujarat under Section 378 of the Code of Criminal Procedure, 1973 against the judgment and order dated October 11,2004 rendered by the learned Additional Sessions Judge, 2nd Fast Track Court, Amreli in Sessions Case No. 71 of 1997 whereby both the respondents came to be acquitted of the offences punishable under Section 302 read with Section 114 of the Indian Penal Code.

(2.) The case of the prosecution, in brief, is that the complainant Veljibhai Vithalbhai Butani, who is the respondent No. 1 herein (original accused No. 1) filed a complaint dated June 6, 1997 at 11 A.M. at Babra Police Station to the effect that on May 22,1997 he had gone to attend a function at the house of his brother and had stayed there at night. It is stated that the daughter of the complainant named Hansa, aged about 15 years, alongwith his two younger sons were asleep at home when the elder son of the complainant named Kishan came home and found that Hansa was missing from the house. According to the narration in the complaint, the complainant returned home to search for Hansa and found that her clothes were also missing from the suitcase. Thereupon, the complainant went to Babra Police Station on May 23, 1997 to lodge a complaint to the effect that he suspected that one Koli Narsing Dadu belonging to the village of the complainant who was in the habit of abducting girls must have abducted his daughter. It is further stated that on June 6, 1997 at 11.0 A.M. the complainant was searching for Hansa in the Sim (boundary) of his village among the Baval trees when, at about 12 noon he heard a sound like a shout coming from a hut situated near a depression in the northern boundary of the field of Patel Limba Nathu. According to the complainant on his going to that place he saw his daughter Hansa, by whose side Narsing Dadu was sleeping. Then Hansa inflicted a blow with a knife on the stomach of Narsing Dadu. Upon this the complainant ran to the spot and gave a strong blow with a bamboo stick on the head of Narsing Dadu, due to which his head was broken. It is further narrated in the complaint that thereafter the complainant snatched the knife from the hands of Hansa and gave several knife blows with it on the face of Narsing Dadu, who died. The complainant goes on to narrate that on the death of Narsing Dadu the complainant picked up the gun lying near Narsing Dadu, from under the thorn bushes. The complainant had sustained an injury on the thumb of his left hand while giving knife blows to the deceased, which was bleeding. The complainant further states that thereafter he went with his daughter Hansa, taking the gun of the deceased with him, to Babra Police Station and filed the complaint stating that he had caused the death of the deceased, who had abducted his daughter Hansa and on finding Hansa with the deceased he had done him to death. Upon this complaint, F.I.R. (Exh.35) was recorded vide Crime Register No. I-50 of 1997.

(3.) Upon the recording of the F.I.R., the investigation commenced. Statements of witnesses were recorded, panchanama of the scene of offence was prepared, inquest was held on the dead body, which was then sent for autopsy and all other necessary investigative procedure was carried out. At the end of the investigation, as sufficient incriminating evidence was found against both the accused, they came to be charge-sheeted before the learned Judicial Magistrate, First Class, Lathi-Babra. As the offences under Section 302 read with Section 114 of the Indian Penal Code were exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the court of learned Sessions Judge, Amreli, where it came to be registered as Sessions Case No. 71 of 1997. Learned Additional Sessions Judge, to whom the case was made over for trial, framed the charge on June 28, 2004, which is at Exh.3. The charge was read over and explained to both the accused, who pleaded not guilty to the same and claimed to be tried. Accordingly the accused were put to trial.