STATE OF GUJARAT Vs. BABUBHAI B NAIK

JUDGEMENT

(1.) THE present appeal has been filed by the State of Gujarat challenging the judgment and order dated 30.4.1987 passed by the learned Sessions Judge, Valsad at Navsari in Sessions Case No.44 of 1986, acquitting the present respondent - original accused for the offence punishable under Section 302 of the Indian Penal Code.

(2.) ACCUSED Babubhai Naik was living with his wife Rami and children Vinod and Mina at village Kangvai, Taluka Chikhli. On 3.4.1986, at about 8.30 p.m., the accused is alleged to have picked up a quarrel with his wife and thereafter, given a blow with an iron rod on the head of Rami. As a result, Rami died instantaneously. The case of prosecution rested primarily on the evidence of witness Mina, a child of 5 years, who was present in the house when Babubhai hit Rami. To corroborate her evidence, the prosecution examined Namlabhai PW 6 , Gulabbhai PW 7, Dhanabhai PW 8, Amratbhai PW 9, Bhagubhai PW 10 and Vinod PW 5, who all arrived at the scene of offence shortly after. After trial, the learned Sessions Judge concluded that the prosecution has not been able to successfully established the guilt of the accused. He found that the evidence of witnesses examined by the prosecution does not appear to be truthful and in the absence of any cogent and credible evidence linking the accused with the crime, gave benefit of doubt to the accused.

(3.) WE have heard Mr. Maulik Nanavati, learned APP for the State and Ms Rana, learned advocate for the respondent. We have perused the judgment and gone through the entire record of the case.