STATE OF GUJARAT Vs. VIKRAMBHAI NANJIBHAI GAMETI

JUDGEMENT

(1.) THIS Appeal is preferred by the State under Section 378 of the Code of Criminal procedure against the judgment and order dated 14th September, 2006. rendered by the learned Additional Sessions Judge, 2nd fast Track Court, Sabarkantha at himmatnagar in Sessions Case No. 134 of 2005 whereby the respondent (original accused) came to be acquitted for the offences punishable under Sections 302 and 201 of the Indian Penal Code.

(2.) BRIEFLY stated, the case of the prosecution is that the complainant -Bachubhai Nemaji Gameti filed a complaint on 14th May, 2005, at Vijaynagar Police station to the effect that on 13th May, 2005. Naresh, the son of the complainant, had taken about 40 goats for grazing into kherwada forest at about 10 o'clock in the morning. After he had gone into the forest, the complainant saw the accused -Vikrambhai Nanjibhai Gameti, who is the son of the elder brother of the complainant, going into Kherwada forest on a bicycle, with an axe tied on to it, at about 11:00 o'clock. The complainant was going to Idar and while he was on the road, he saw the accused, with an axe, returning on his bicycle. Further, Martaji Nemaji, the elder brother of the complainant, and his daughter Manuben, who had also left for idar before the complainant, also saw the accused going towards Kherwada forest. When the complainant returned to his house at about 7:00 o'clock in the evening, his wife Shardaben informed him that their goats had come back unattended at about 2:00 o'clock in the afternoon but their son naresh had not returned and that the accused was also seen coming from the forest dressed in Bandi (Vest) with a kerchief tied around his neck, on a bicycle, with an axe. According to the wife of the complainant, the accused was also seen by naranbhai Dhanjibhai Hadat near Shankar dungri area of the forest. According to the narration in the complaint, there was a family dispute between the accused and the complainant regarding which a quarrel had taken place fifteen days prior to the incident when the accused had threatened to kill the complainant with an axe. At that time, a compromise was arrived at with the intervention of persons from the village but, according to the complainant, the accused was nursing a grudge against him and was looking for an opportunity to kill his son. Therefore, according to the complainant, his son Naresh was killed by the accused in kherwada forest when he had gone to graze his goats at that place. It is further narrated in the compliant that when the son of the complainant did not return home, the complainant and his elder brothers Maknaji and Natuji. other relatives and people from the village had gone to search for him in the kherwada forest but were unable to find him. Early the next morning, when they had gone into the forest to search for Naresh. the dead body of Naresh was found in a hollow near the Shankar Dungri area. covered by dry leaves. It had injuries on the left side of the forehead, left shoulder and on the left side of the body.

(3.) UPON this complaint, the investigating machinery was put into motion. The statements of witnesses were recorded, inquest was held on the dead body of the deceased which was sent for autopsy, the panchnama of the scene of offence was prepared and at the end of investigation, as sufficient incriminating evidence was found against the accused, he came to be chargesheeted before the learned Judicial magistrate. First Class. Khedbrahma.