STATE OF GUJARAT Vs. BHAILALBHAI B LOHANA

JUDGEMENT

(1.) By this appeal under section 378 of the Code of Criminal Procedure, the appellant-State of Gujarat has challenged the judgment and order of acquittal dated 30.12.1994 passed by the learned Additional Sessions Judge, Amreli in Sessions Case No.122 of 1992, whereby the respondents herein have been acquitted.

(2.) Briefly stated, the prosecution case is that the respondents accused No.1 and 2 are husband and wife and the deceased was the brother of accused No.1. There were differences between the accused No.1 and the deceased as the accused No.1 wanted to reside separately. Accused No.2 was pressurising accused No.1 to separate from the joint family, due to which, there were family disputes between the two brothers. At the time of the incident, the accused and the deceased were residing together. On the day of the incident, the deceased was lying on his cot in the morning. At that time, both the accused got together with the intention of causing death of the deceased. Accused No.1 inflicted two blows with a crowbar used for the purpose of repairing punctures on the head of the deceased, as a result whereof, the deceased died on the spot. At that time, accused No.2 was instigating the accused No.1 and was hurling abuses. In terms of the prosecution case, both the accused had got together and with the intention of causing the death of the deceased, inflicted blows with a crowbar on the head of the deceased and caused grievous injuries, due to which, the deceased died on the spot. Thereafter, both the accused went away. Pursuant thereto, a first information report came to be lodged by PW-3 Dahyabhai Naranbhai and investigation came to be carried out and upon finding sufficient material against the accused, a charge sheet came to be submitted in the court of the learned Magistrate. Since the case was triable by a Court of Sessions, it came to be committed to the Sessions Court, where it came to be numbered as Sessions Case No.122 of 1992. The charge came to be framed at Exhibit-1 for the offences punishable under section 302 read with section 114 and section 504 of the Indian Penal Code and section 135 of the Bombay Police Act, and was read over to the accused. The accused pleaded not guilty and asked to be tried.

(3.) Before the trial court, the prosecution examined, in all, nine witnesses and adduced certain documentary evidence on record. The trial court, after appreciating the evidence on record, found that the prosecution had failed to prove the charge against the accused and acquitted them.