STATE OF GUJARAT Vs. PUNAMCHAND LAXMICHAND SONI

JUDGEMENT

(1.) In this acquittal appeal, the appellant-State has questioned the judgment and order of acquittal of original accused Nos. 1 and 9 of the charge under Sec. 302, by invoking aids of provisions of Sec. 378 of the Code of Criminal Procedure, 1973 ('the Code').

(2.) Pursuant to the allegations in the prosecution case and the investigation, charge came to be framed against original 9 accused persons at Ex. 19 in Sessions Case No. 286 of 1989 by the Sessions Court at Ahmedabad on 9-5-1990. According to the prosecution case, the accused persons hatched a conspiracy to illegally and to recover gold ornaments worth Rs. 3 lacs from the deceased who was working as a servant of respondent No. 1 original accused No. 1. Respondent No. 2 is the son of respondent No. 1 and he was accused No.9. They will be hereinafter referred to as accused Nos. 1 and 9. It was further alleged by the prosecution that the' deceased was taken away and kept in illegal confinement during the period from 26-4-1989 to 3-6-1989 by the accused persons. It was also prosecution case that abduction and illegal confinement of the deceased was to recover gold worth Rs. 3 lacs and the accused persons had intention to put the deceased in fear of death and also to employ extortion and threats.

(3.) It was alleged that deceased Rikhavchand Hansaji Soni who was also earlier doing work of goldsmith was working as an employee of accused No. 1-Punamchand who had a doubt that the deceased had taken gold worth Rs. 3 lacs, and therefore, pursuant to the conspiracy hatched by them, during the period from 30-4-1989 to 3-6-1989, the deceased was taken in Gopal Bhavan at Desai Pole, Near Raipur, Ahmedabad and confined him there. Thereafter, he was beaten and caused grievous hurt and it was also done pursuant to conspiracy hatched by the accused persons.