STATE OF GUJARAT Vs. NARMADABEN

JUDGEMENT

(1.) THE present appeal, under section 378 of the Code of the Criminal Procedure, 1973 is directed against the judgment and order of acquittal dated 30. 12. 1987, passed by the learned Additional Sessions Judge, Surat in Sessions Case No. 152 of 2008 whereby the accused has been acquitted of the offence leveled against him.

(2.) THE brief facts of the prosecution case are as under: prabhavati is the daughter of the complainant, Naginbhai Dahyabhai. Ambaben is the sister of the complainant and she married with one Maganbhai Nathubhai residing at village Kavas. Mohan Nathu is the elder brother of the Maganbhai Nathubhai. Accused Narmadaben is wife of Mohanbhai Nathubhai. They were staying together. After some time the theft of Rs. 800/- had taken place and they suspected the accused. Because of this the relation became strained and they separated. On 19. 1. 1987, at about 9:30 a. m. , when Prabhavati was returning after attending the natural call, the accused called her to show her tortoise in the well and pushed her in the Well. Due to the upthrust of water Prabhavati came up. She caught hold of the plank and raised cries for help. Therefore Naginbhai Dahyabhai rescued her and took her to her place and informed her father.

(3.) NECESSARY investigation was carried out and statements of several witnesses were recorded. During the course of investigation, respondent was arrested and, ultimately, chargesheet was filed against her.