THE STATE OF GUJARAT Vs. ANILKUMAR PARSHOTTAMBHAI PATEL

JUDGEMENT

(1.) This appeal is preferred under section 378(1)(3) of the Code of Criminal Procedure 1973 against the order of acquittal dated 30.6.2006 passed by learned Additional Sessions Judge, Fast Track Court No.2, City Civil and Sessions Court, Ahmedabad in Sessions Case No.65 of 2006 whereby the respondents accused are acquitted for the offences under sections 364, 302, 201 read with section 120-B of Indian Penal Code and section 135(1) of the B.P.Act as the prosecution failed to prove its case beyond reasonable doubt.

(2.) The broad facts of case of the prosecution are that the respondents accused hatched criminal conspiracy in order to teach lesson to deceased Yogesh who was having illicit relation with the wife of respondent No.1 ­ Anilkumar Patel, abducted him firstly to the toll booth at Ahmedabad Vadodara Express Highway wherein during nocturnal hours, accused Nos.1 to 4 beaten deceased Yogesh severally, due to which, he succumbed to the injuries. It is the case of the prosecution that accused No.5 also associated in calling and bringing deceased Yogesh to his house and thereby the accused Nos.1 to 5 committed the offence of abduction as well as murder, whereas accused Nos.6 and 7 along with accused No.1 destroyed the clothes as well as chappals of deceased Yogesh and thereby committed the offence of destruction of evidence.

(3.) All the aforesaid offences came to be committed by the accused in furtherance of the conspiracy hatched by them and the FIR being CR No.I ­ 65 of 2005 was accordingly registered with Vatva GIDC Police Station against the accused persons. At the end of investigation and on filing of the chargesheet, the case came to be committed and registered as Sessions Case No.65 of 2006 in which the prosecution examined for about 25 witnesses and also tendered for about 37 documentary evidence and on appreciation thereof, learned trial Judge found that the prosecution was not able to establish the charge having nexus with the guilt of the accused which resulted into acquittal.