VALLABHBHAI LALJIBHAI KOTHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) CRIMINAL Appeal Nos.233 of 1989 and 411 of 1989 are notified with a Criminal Revision Application No.265 of 1994. When the matters are taken up for hearing, it is pointed out that learned Advocate Mr.Bhargav N.Bhatt has withdrawn his appearance. Looking to the age of the litigation, which is almost TWO DECADES, the Court deemed it fit to take assistance of an advocate by appointing learned Advocate Mr. R.C.Jani as amicus curiae. The Court requested the learned advocate to represent the Accused No.1 as the Accused No.2 has expired.

(2.) THE present Appeal is directed against the judgment and order dated 31.3.1989 passed by the learned Additional Sessions Judge, Gondal in Sessions Case No.36 of 1988, recording the acquittal of the Accused persons for the offence punishable under Section 302 read with Section 452 of the Indian Penal Code (IPC) and also for the offence punishable under Section 397 as well as 114 of IPC.

(3.) THE short facts of the case briefly summarized are that, on a night between 21.7.1988 and 22.7.1988 the Accused persons are alleged to have entered the house of deceased Ramkunwarben Maganlal, residing at Jetpur Fulwadi in furtherance of their common intention of robbery and they are alleged to have cause death of deceased by strangulating her and thereby committing the alleged offence under Section 302 as well as 452 of IPC. It is averred that the complainant Madhusudan Durlabh Shukla, who is the son -in -law of the deceased, lodged a complaint at Jetpur Police Station, who is residing in Gondal near station plot. On 27.7.1988 at about 9:30 he received a call from the neighbour of deceased Kunwarben (mother -in -law) Shri Khatri, saying that the mother -in -law is serious and therefore he should rush to Jetpur immediately. Thereupon, the complainant's wife rushed to the house of the deceased mother -in -law at Jetpur and the police had arrived there and the dead -body of the deceased was lying near the kitchen. It is also stated that the death of the deceased was caused by strangulation and there were marks on the neck and the mattresses were lying scattered, which suggested that the deceased was strangulated with the rope and the cloth from sari, and there were also blood marks in the room of the house. It is stated that the deceased mother -in -law was residing all alone for last 15 years, and therefore, taking undue advantage of the fact that the deceased was living alone, somebody had entered the house with intention of robbery or theft and caused her death by strangulation, for which the complaint was lodged, which has been registered by the Jetpur Police Station being I -CR No.155/1988.