STATE OF GUJARAT Vs. UPADHYAY MANOJKUMAR ARVINDBHAI

JUDGEMENT

(1.) The challenge in Criminal Appeal No.876/1994, preferred by the State of Gujarat is to the judgment and order dated 30.04.1994, passed by the learned Additional Sessions Judge, Mehsana, in Sessions Case No.58/1991, whereby the respondent original accused has been acquitted of the charge under Section 302 of the Indian Penal Code, 1860 ("the IPC").

(2.) The original complainant has also assailed the above referred judgment in Criminal Revision Application No.315/1994.

(3.) The case of the prosecution, in brief, is that respondent Manojkumar Arvindbhai Upadhyay and Dilip Chandulal Modi (the deceased) were living in the same neighbourhood and were friends. On 03.07.1989, the deceased left his house at 8:00 PM. At about 8:45 PM, his father Chandulal Manilal Modi (PW-1) received information that his son had got injured. Respondent No.1 came home and said that "Modi's son" (deceased) had beaten him. Hence, PW-1, the complainant and father of the deceased came to know of the incident. PW-1 immediately went to Municipal Hospital, Sidhpur, along with his son. When he reached there, the Police personnel were lifting his son out of an auto-rickshaw. He went near his son and saw that he was injured near his stomach. When his son was being taken into the Hospital on a stretcher, he asked him how he got injured and his son (the deceased) told him that the respondent had stabbed him with a knife. His son was treated there but the Doctor advised that he should be immediately taken to Ahmedabad for treatment. While they were going to Ahmedabad, between Maktupur and Unjha, the vehicle got spoiled. The deceased was taken to the Government Hospital, Unjha, in another jeep. However, when they reached the Hospital at Unjha, the Doctor informed him that his son Dilip had passed away. The body of Dilip was taken back to Sidhpur Hospital and his father filed the complaint before the Police Inspector Shri U.C.Thakur, which was registered. The Investigating Officer visited the spot and the Inquest Panchnama was prepared. Statements of witnesses were recorded. On information received from the respondent, the knife, which was the weapon of offence, was seized and sent to the Forensic Science Laboratory (FSL). As the Investigating Officer, Shri U.C.Thakur, was transferred, the investigation was handed over to Police Sub Inspector Shri B.R.Thakur. Upon completion of investigation, a Chargesheet against the respondent was filed in the Court of Judicial Magistrate, First Class, Sidhpur, under Section 302 of the IPC. As the offence was triable by a Court of Sessions, the learned Magistrate committed the case to the Sessions Court. The Sessions Court framed the charge against the respondent at Ex.7, which was read over and explained to him. The respondent denied his guilt and claimed to be tried. Accordingly, the case was put to Trial.