STATE OF GUJARAT Vs. JITESHBHAI BABUBHAI SOLANKI

JUDGEMENT

(1.) This appeal is preferred under section 378(1) (3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 9.3.2006 passed by learned Presiding Officer, Fast Track Court, Rajkot in Sessions Case No. 96 of 2005 whereby respondents/original accused are acquitted of the offence under Sections 302, 307, 324, 504, 118 and 114 of Indian Penal Code by not believing the case of the prosecution as proved beyond reasonable doubt.

(2.) The genesis of the case of the prosecution has in the complaint, which was registered at Pradyumna Nagar Police Station, Rajkot, about the unfortunate incident which took place around 20:30 of 14.5.2005 in which two persons were killed. The complainant is mother of accused No. 1 and mother-in-law of accused No. 2. Thus, accused Nos.1 and 2 are husband and wife. As stated in the complaint, both the accused entered into matrimonial relationship against wish of the complainant and accused No. 2 by her nature almost remained out of home and therefore quarrel used to take place between daughter-in-law and mother-in-law. At the time of incident when accused No. 2 returned to her home the complainant taunted her and in turn accused No. 2 had abused her mother-in-law, the complainant and neighbours namely Vijay Babubhai and his wife Kaliben who were present there and tried to persuade accused No. 2 by insisting not to abuse her mother-in-law, accused No. 1, husband of accused No. 2 also started abusing them, to which, again both the accused were told not to abuse but immediately accused No. 1 inflicted blow of knife on the chest of Vijay and his wife Kaliben who tried to intervene also received blow of knife on her right leg, thigh and right side of the abdomen. Even the complainant, who also tried to intervene received injury of a wooden log on her head by accused No. 2 and another witness also having named Vijaybhai received injury on left hand by knife. That child of Kaliben, also fell on the ground and received injury on the leg. As a result of injuries so received Vijay Babubhai and his wife Kaliben succumbed to injuries.

(3.) Upon filing of charge-sheet etc. and the committal of case by the trial Court of learned JMFC, Rajkot under section 209 of Code of Criminal Procedure, 1973 it was tried as Sessions Case No. 96 of 2005 for the offence under Sections 302, 307, 324, 504, 118 and 114 of Indian Penal Code resulting into acquittal by the judgment and order dated 9.3.2006.