STATE OF GUJARAT Vs. PATEL ISHWARLAL SHANKARLAL ABATED

JUDGEMENT

(1.) By this appeal, the State has challenged the acquittal judgment recorded by the learned Extra Assistant Judge, Mehsana, in Session Case No. 28 of 1998 on 16.8.1990, acquitting the respondent-original accused from the charges under Secs. 307, 323 and 324 read with Sec. 34 and also under Sec. 135 of the Bombay Police Act, by filing this acquittal appeal under Sec. 378 of the Criminal Procedure Code, 1977.

(2.) The respondent No. 1 Patel Ishwarlal Shankarlal expired during the pendency of the appeal. Therefore, appeal abated against him. He was original accused No. 1. Respondent No. 2- original accused No. 2 who came to be acquitted along with oroginal accused No. 3 Thakore Diwanji Dhulaji. The State, it appears, has not preferred appeal against the acquittal of original accused No. 3. In substance, therefore, the appeal is only now against original accused No. 2 Patel Ambalal Ishwarlal, respondent herein, who is the son-in-law of the complainant Maganlal Shankerlal Patel. The parties are herein, therefore, are addressed hereinafter accordingly.

(3.) Prosecution case has been that complainant father-in-law of sole respondent now Patel Ambalal Ishwarlal was given contract by the Unjha Municipality for the disposal of the swerage water in which original accused Ishwarlal father of original accused No. 2 and only respondent herein also interested in the same contract. That was the main bone of contention. On the previous, year, such a.contract was obtained by original accused Ishwarlal. This motive is described by the prosecution for the commission of the crimes in question.