STATE OF GUJARAT Vs. BAWALA SUMAR KOLI

JUDGEMENT

(1.) The respondents are the original accused persons for the offences punishable under Sec. 302 read with Sec. 34, IPC on the allegation that on 17.2.1990 at about 11 p.m. they committed murder of one Hamir Sumar Koli who happened to be the husband of accused No. 2 and brother of accused No. 1. The trial Court upon assessment and evaluation of the evidence of the prosecution, found both the accused not guilty by holding that the prosecution has not successfully established the guilt of the accused for the offences punishable under Sec. 302 read with Sec. 34 and Sec. 201 read with Sec. 114 IPC, by passing the impugned judgement and order on 28.2.1991 which is questioned before us by the appellant State of Gujarat by filing this acquittal appeal under Sec. 378 of the Code of Criminal Procedure, ('the Code')

(2.) A few facts for relevant resume of the prosecution case may be stated at this juncture. The respondents are the original accused Nos. 1 and 2. Accused No. 2 is the wife of deceased Hamir and accused No. 1 Bavla is the brother of the deceased. It was alleged that both the accused persons formed a common intention to commit murder of deceased Hamir and in pursuance there of, accused No. 2, wife of the deceased, inflicted an axe blow: whereas accused No. 1, brother of the deceased, strangulated the deceased with the help of muffler on 17.2.1990, at about 11 p.m. Thereafter, in order to screen and conceal the offence of murder, the accused persons disposed of the dead body by throwing it in a well and thereby they are responsible for the offences punishable under Sec. 201 read with Sec. 114, IPC.

(3.) Complaint came to be lodged by complainant Mithu Sumar, brother of the deceased on 23.2.1990, before Nakhtrana police produced at Exh. 27. Accused No. 1 made extra judicial confession before his brother about the crime he committed. Offence came to be registered against the accused persons on the basis of the FIR. Investigation was started and upon completion of the investigation, the accused persons were sent up for trial and they came to be acquitted as the Trial Court held them not guilty for the offences charged. Hence, this appeal.