STATE OF GUJARAT Vs. RABARI JAYRAMBHAI HARJIBHAI

JUDGEMENT

(1.) THE present appeal has been filed by the State of Gujarat challenging the judgment and order dated 24.5.1985 passed by the learned Additional Sessions Judge, Mehsana in Sessions Case No.29 of 1985, acquitting the present respondents - original accused for the offence punishable under Sections 397 read with Section 34 of the Indian Penal Code and Section 135 of the Bombay Police Act.

(2.) IT is the prosecution case that one day prior to the date of the incident, i.e. on 11.11.1983, original complainant Babulal Modi was serving as a Clerk in one High School. He used to help his elder brother Kantilal, who was doing a business of selling Ghee. The complainant wanted to purchase Ghee on behalf of his brother, he met one Chaudhary Bababhai Ramsangbhai. This man was working in Dudh Sagar Dairy. He was knowing number of persons doing business of selling Ghee. Original complainant Babubhai Modi met Chaudhary Bababhai on 11.11.1983 at 6.00 p.m. in the evening in the garden. Both went near the bus stop in search of some businessmen indulging in the activity of selling Ghee. One Babubhai who was known to both the persons, met there and he gave the name of one Manibhai who was performing his duty as Secretary, Kansara Kui Dudh Mandali.

(3.) ACCORDING to said Babubhai, Manibhai is the person who would be in a position to provide 20 to 25 containers of Ghee. It was made clear to the complainant that he has to bring cash amount for the said stock and thereafter, the complainant left the place and came again on the next date, i.e. on 12.11.1983, at around 12.00 noon along with Chaudhary Bababhai Ramsangbhai. They were waiting at one place from where they have to start for Kansara Kui Dudh Dairy. Chaudhary Bababhai brought one jeep on rental basis for the purpose of going to Kansara Kui Dudh Dairy. Rent was fixed Rs.50/ - with the driver of the jeep.