STATE OF GUJARAT Vs. KARDIYA JESING PARBAT

JUDGEMENT

(1.) THE appellants have preferred the present Criminal Appeal against the judgment and order dated 13.2.1986 rendered by the learned Additional Sessions Judge, Junagadh in Sessions Case No.48 of 1985, whereby the learned Sessions Judge acquitted the accused of the charges.

(2.) IT is the prosecution case in the FIR that one Karadia Natha Lakhman (PW 3) was working in his field at about 16.00 hours on 4.4.1985 at village Indroy of Veraval Taluka. The said witness - complainant happens to be the uncle of deceased Maniben. It is the prosecution case that when the complainant was working in his field at the aforesaid place and time, his elder brother Hamirbhai (PW 6) had shouted and called the complainant and, therefore, the complainant rushed to his field. It is the case of the prosecution that when the complainant was running towards the field of the father of the deceased, he saw the respondent - accused running towards Ishwaria village with a knife in his hand. It is his case that the complainant reached to the residence of the deceased, father of the deceased, namely Hamirbhai and his son namely, Arjanbhai had also reached at the scene of incident. It is further the case of the prosecution that the aforesaid witnesses reached to the scene of offence, they saw the deceased lying below a Pendal (Mandavo) in profusely bleeding condition. It is further alleged in the FIR that the complainant asked the deceased what had happened and the deceased had replied that since the deceased had denied to return with her husband - the respondent accused, she was given knife blows. It is further alleged that the deceased could not speak anything more and fell into sub -consciousness. However, it is alleged that subsequently another witness, namely Arjan Kana, had informed that the accused - respondent was in the village since 11.00 a.m. on the said date and was talking to take the deceased back with him to his place.

(3.) HE aforesaid FIR came to be registered with Veraval Police Station on 4.4.1985 at about 20.45 hours. Thereafter, the investigation ensued and the respondent accused was arrested at 22.00 hours on 5.4.1985 and allegedly knife was recovered from his person. It is also the case of the prosecution that the cloths of the respondent - accused were also recovered under panchnama.