STATE OF GUJARAT Vs. MADHAJI PUNMJI THAKORE

JUDGEMENT

(1.) THE appellant State of Gujarat has presented this appeal under Section 378 of the Code of Criminal Procedure, 1973 assailing the order of acquittal dated 26.5.1986 passed by Additional City Sessions Judge, Court No. 3, Ahmedabad acquitting the respondent accused of the charges committing murder, punishable under Section 302 of the Indian Penal Code and under Section 135(1) of the Bombay Police Act.

(2.) THIS Court (Coram: M.B. Shah and B.S.Kapadia, JJ.) vide order dated 1.4.1987 granted leave and admitted the Appeal.

(3.) IT was the case of the prosecution that, one Kailash the deceased, the complainant Raju and others were residing in a chawl called Kantilal Gokaldas. In their neighbourhood, a lady named Pushpa was residing with her father Mohanbhai. The accused and others had illicit relationship with said Pushpaben and therefore, quarreling with each other time and again. The deceased therefore, advised them not to quarrel for neighbour's daughter. Thus, deceased Kailash became eyesore for accused and others.