STATE OF GUJARAT Vs. THAKOR CHAMPABEN RUPSANGJI

JUDGEMENT

(1.) The challenge in this appeal under Section 378 of the Code of Criminal Procedure, 1973 ("the Code"), is to the judgment and order dated 10.10.1995, passed by the learned Assistant Sessions Judge, Mehsana ("the Trial Court) in Sessions Case No.84/94, whereby, the respondents, original accused, have been acquitted of the charge under Section 307 read with Section 114 of the Indian Penal Code, 1860 ("the IPC").

(2.) Briefly stated, the case of the prosecution is that the first informant and victim Shakriben Chaganji had told respondent - accused No.1, that she (accused) should not come to her house as she was indulging in immoral activities. At this, respondent No.1 got angry and on 05.04.1993, at 4:30 PM, when the first informant was sitting in the courtyard outside her house, she came there and immediately caught hold of the first informant. Respondent No.1 is stated to have said that she would not leave the first informant alive. At that time, respondent No.2, husband of respondent No.1, had also come there. He had a glass bottle containing some liquid in his hand. Respondent No.2 opened the lid of the bottle and poured the contents into the mouth of the first informant. When the first informant started shouting, the respondents fled away. According to the first informant, she became unconscious and only gained consciousness in the Mehsana Civil Hospital. Her husband later informed her that she had become unconscious and was brought to the Government Hospital in an unconscious condition. Thus, according to the case of the prosecution, the respondents had forcibly poured a poisonous liquid into the mouth of the first informant and, thereby, attempted to take her life. According to the prosecution, the motive for committing the crime was that the respondents did not like the fact that the first informant was aware of their alleged immoral activities of bringing girls from outside. A complaint in this regard was registered at the Mehsana Police Station on 05.04.1993, at 11:20 PM, on the basis of which FIR being C.R. No.I-117/1993, came to be lodged. Investigation into the case commenced and statements of witnesses were recorded . The Panchnama of the scene of offence was drawn and the medical certificate was procured. A sample of the vomit/ stomach wash of the first informant was sent to the Forensic Science Laboratory ("FSL") for analysis. The report of the FSL disclosed the presence of Propoxur Carbamate, an insecticide, in the sample. After the completion of the investigation, a Chargesheet was filed against the respondents. The learned Judicial Magistrate, First Class, committed the case to the Sessions Court for Trial. The Charge at Ex.8 was framed against the respondents on 08.08.1995. The respondents denied their guilt and claimed to be tried.

(3.) In support of its case, the prosecution examined six witnesses and produced documentary evidence. After the appreciation and analysis of the oral and documentary evidence, the Trial Court arrived at the conclusion that the prosecution has failed to substantiate and prove the charge against the respondents. Hence, the Trial Court acquitted both the accused, by the judgment and order under challenge.