STATE OF GUJARAT Vs. PATHABHAI VANABHAI

JUDGEMENT

(1.) By means of filing this Appeal under Section 378 of the Code of Criminal Procedure, 1973 [" CrPC " for brevity], the appellant-State of Gujarat has brought under challenge, the judgment and order of acquittal dated 28th February 1994 passed by the learned Additional Sessions Judge, Junagadh in Sessions Case No. 15 of 1993, whereby the respondent herein- Pathabhai Vanabhai Koli has been acquitted of the charge for an offence punishable under Section 302 of the Indian Penal Code [" IPC " for brevity].

(2.) As per the case of prosecution, the facts are such that the respondent herein and the deceased Leelaben both husband - wife were residing at village Golaghar of Taluka - Junagadh and were doing labour work. Their native being village Vastadi of Taluka - Wadhvan. According to the case of the prosecution, Leelaben - the deceased wife of the respondent-accused was being harassed by her husband [accused-respondent]. This incident took place on 15th September 1992. Earlier, when Leelaben went to her parental home during the festivals of Satam - Atham, [Seventh & Eighth day of Shravan] at that time, she had talked to her mother - Ratanben and her maternal grand father - the complainant - Pathabhai and others about the harassment caused to her by the accused [respondent herein] and she also stated not to send her to in-law's house. But, the members of the maternal side have persuaded the spouse and sent Leelaben at Goladhar with the accused. According to the case of the prosecution, on the fateful day ie., 15th September 1992 at any time before 09:00 am., the accused took Leelaben in the orchard of witness - Vagad Bhikha, which is known as Nesdavali Vadi located in the outskirts of village - Golaghar, caused fatal injuries to Leelaben with a knife and threw Leelaben into a well near the orchard, and as a result thereof, she succumbed to the fatal injuries. As Pethabhai Jesingbhai - the maternal grand father of the victim Leelaben came to know about this incident, he arrived at Junagadh and identified the dead body of Leelaben in the Hospital. Thereafter, he lodged a complaint in the Police Station against the accused for an offence punishable under Section 302 IPC. After the investigation, charge-sheet was filed against the accused for the offence u/s. 302 IPC ; as above.

(3.) The charge was framed against the respondent- accused under Section 302 IPC vide Exhibit-1 and the statement of accused was recorded, in which he pleaded not guilty and claimed to be tried and as a result, the prosecution produced oral as well as documentary evidence.