STATE OF GUJARAT Vs. MAHENDRA MULJI KERAI PATEL

JUDGEMENT

(1.) By this acquittal appeal, the appellant State under Sec. 378 of the Code of Criminal Procedure, 1973 ('the Code'), has challenged the acquittal of the respondent-accused of charges under S.302, 307 and 506(2) of the I.P.C., recorded by the learned Additional Sessions Judge, Kutch at Bhuj, in Sessions Case No. 21 of 1989 passed on 20-11-1990.

(2.) What is the travesty of ? If one peeps into the facts of this case, he would certainly reach a clear conclusion that there can be hardly any better case of travesty of than the one on hand.

(3.) Upon passing the acquittal order, the accused came to be acquitted of serious charges under S.302, 307 and 506(2), I.P.C. The crime which took toll of old lady Kunverba Kanji occurred on 18-12-1989 at about 7 p.m. in the house of the deceased in village Madhapar in Bhuj taluka of Kutch district. The prosecution inter alia contended that the respondent who is the original accused and who is hereinafter referred to as the accused, for the sake of convenience and brevity, came with small dharia ('FAGA') and inflicted blows with the dharia on the deceased and caused her death and thereby committed offence of murder. The accused was further charged that he attacked and caused injuries to complainant Jasuben Premji and attempted to commit murder of the complainant, daughter of the deceased, under Sec. 307, I.P.C. He was also charged of offence under Sec. 506(2) for threatening to kill P.W. Naran Achar.