STATE OF GUJARAT Vs. CHANDUBHAI DAHYABHAI SOLANKI

JUDGEMENT

(1.) PRESENT Criminal Appeal has been filed by the State of Gujarat against the judgment and order of acquittal dated 28.7.1988 passed by the learned Additional Sessions Judge, Nadiad in Sessions Case No.131 of 1988.

(2.) THE case of the prosecution, in brief, is that on 28.6.1987, Vimlaben Dayabhai Solanki, filed a complaint stating, inter alia, that she is doing labour work and her father passed away before 3 years. Her mother is alive and she has got three brothers and the complainant is eldest one. She is married to Chhatrasinh Chudasma. However, that marriage is broken and she is now staying with one Sardarsingh. Her brother Chandubhai (Accused herein) has lost his mental balance and is roaming here and there. At about 12.00 noon, he came home and started beating her mother mistaking her identity that as that of complainant because she was wearing the Saree of complainant and after beating, she was profusely bleeding and passed away.

(3.) THE accused beat her mother with wooden log and since his mother started shouting, the complainant came there and saw Chandubhai was beating her. On these and other facts, a complaint came to be filed. After investigation, chargesheet was filed against Chandubhai for the commission of offence punishable under Section 302 of the Indian Penal Code. Since the case was triable by the Court of Sessions, the same was committed to the Court of Sessions.