STATE OF GUJARAT Vs. CHHATRABHAI SOMABHAI PARMAR

JUDGEMENT

(1.) This appeal under section 378 (1) (3) of Code of Criminal Procedure, 1973 is preferred against the judgement and order of acquittal dated 17.5.2006 passed by learned Additional Sessions Judge at Panchmahals at Godhra in Sessions Case No.286 of 2005 for the offences under Sections 325, 326, 302 read with Section 114 of the Indian Penal Code and under Section 135 of Bombay Police Act against the accused persons.

(2.) The facts of the prosecution case in nutshell are that the complainant-Zavriben got three children out of the wedlock with Accused No.1-Chhatrabhai Somabhai Parmar. All the three children were staying with Accused No.1. The complainant left three children and Accused No.1 and stayed with her lover-Dalpat Rajyajibhai since last twelve to thirteen years. On 24.10.2005, the complainant and Dalpat went to the village Kanetia of the accused person to meet her three children. Thereafter, while they were returning to Halol on 25.10.2005 at about 12:30 p.m., Accused No.1 asked her to come back to reside with him at his residence. When the complainant refused for the same, accused persons got angry and Accused No.1 assaulted her and caused serious injuries to her and when deceased-Dalpat intervened to save her, both the accused persons i.e. A-1 and A-2 who is the brother of A1 have caused serious injuries to him. As a result of which he has succumbed to death during the course of treatment at S.S.G. Hospital, Vadodara on 27.10.2005. F.I.R. was lodged by the complainant at Kalol Taluka Police Station for the offences punishable under Section 325, 326, 302 read with Section 114 of the Indian Penal Code.

(3.) The accused pleaded not guilty to the charge and claimed to be tried. Therefore, the prosecution led evidence and on the conclusion of the trial, the learned Additional Sessions Judge, Panchmahal at Godhra passed the order of acquittal against the accused.