STATE OF GUJARAT Vs. RANCHHODBHAI MALABHAI RAZA

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 30-4-1992 passed by the learned Special Judge, Panchmahals at Godhra in Special Case No. 3 of 1988 whereby the accused has been acquitted of the charges leveled against him.

(2.) THE brief facts of the prosecution case are as under: 2. 1 The complainant Manubhai Koyabhai's wife Ramilaben was admitted in Jesawada Primary Health Centre on 9-10-1985. At that time the accused was working as a Health Officer. She was administered three glucose saliva bottles, but after the completion of two bottles, she felt shivering, and therefore third bottle of Glucose Saliva was not administered. At the time of discharge, the accused had asked Rs. 20/- as bribe for the Glucose Saliva, but the complainant was not in a position to pay him, and hence he informed the accused that he will pay later on. On 18. 10. 2005, the complainant lodged a complaint with A. C. B. Office, Godhra and the accused was trapped during the raid of A. C. B. 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 him. Thereafter, as the case was exclusively triable by the Special Court, the same was committed to the Special Court, which was numbered as Special Case No. 3/1988. The trial was initiated against the respondent. To prove the case against accused, the prosecution has examined following documentary evidence