STATE OF GUJARAT Vs. MODI UKABHAI KHETABHAI

JUDGEMENT

(1.) THE appellant - State of Gujarat has preferred this Appeal under Section 378 of the Code of Criminal Procedure against the Judgment and order of acquittal dated 21.2.1990 passed by the learned Additional Sessions Judge, Banaskantha at Palanpur, in Sessions Case No. 42 of 1989, whereby the learned Judge has acquitted the respondent -accused of the offences under Sections 302 & 307 of I.P. Code. However, the learned Judge has held the respondent - accused guilty for the offence punishable under Section 325 of I.P. Code and awarded sentence to suffer simple imprisonment for one year and to pay fine of Rs. 500/ - i/d to undergo SI for three months.

(2.) THE short facts of the prosecution case is that the deceased and the accused are the brothers. There was quarrel between the accused and the deceased. On the date of incident at about 11.00 O'clock when the complainant was proceeding towards his well, his son Shanker came and told that there was quarrel between Mula Uncle and Uka Uncle (accused). Therefore, the complainant proceeded towards the well of deceased. On the way Prahlad met him and told that his brother Uka gave blow on the head of Mula and also beaten his wife. Thereafter the complainant along with his brother Parkha went to the well of Mula where he saw that his brother Mula was injured and blood was oozing out and brother of his wife Sita was dead. Thereafter, they shifted Mula to the Hospital for treatment. The complaint was filed against the accused for the offences under Sections 302, 307 of I.P. Code.

(3.) THEREAFTER , investigation was carried out and on conclusion of investigation, on the basis of material collected against the respondents - accused, since the Investigating Officer found prima facie case against the respondents - accused, he filed charge sheet before the Court of learned Magistrate. As the offences were absolutely triable by a Court of Sessions, the learned Magistrate, has committed the said case to the Court of Sessions, which was registered as Sessions Case No. 42 of 1989.