STATE OF GUJARAT Vs. HIRABEN

JUDGEMENT

(1.) State of Gujarat has filed this appeal against the judgment and order dated 24.6.88 passed by learned Additional Sessions Judge, Ahmedabad Rural recording acquittal of respondents of the charges under sections 302 read with sec.114, 211 and 306 and 498-A read with sec.114 of I.P.C. in Sessions Case No.32 of 1987.

(2.) Facts of the prosecution case, precisely stated, are as under:-

(3.) Learned Additional Sessions Judge initially framed the charge under sec.302 against accused no.1 and 302 read with sec.114 of I.P.C. against accused nos.2,3 and 4 (who are respective respondents here in this appeal and they will be referred to as accused hereinafter). Learned Additional Sessions Judge also framed charge under section 201 read with sec.114 against all the accused. Accused pleaded not guilty and evidence was recorded. However, after examination of prosecution witness no.5. learned A.P.P. there gave an application at Ex.21 to amend the charge and to frame in alternative charge against the accused under sec.306 and 498A both read with sec.114 of I.P.C. against all the accused. Learned Additional Sessions Judge, after hearing the parties, allowed that application and framed charge under section 306 and 498A read with 114 of I.P.C. also, however in alternative against all the accused. After framing the charge in alternative, learned Additional Sessions Judge had allowed all the witnesses to be recalled for further cross-examination, as desired by the defence counsel.