STATE OF GUJARAT Vs. RABARI NARAN JETHA MANKHETRA

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 24. 5. 1988 passed by the learned Sessions Judge, Junagadh in Sessions Case No. 129 of 1986 whereby the accused have been acquitted of the charges leveled against them.

(2.) THE brief facts of the prosecution case are as under: masur Jaga had married with Bai Panchi, by whom he had two daughters. Bai Panchi had died. Therefore Masur Jaga had remarried with Bai Vali and the marriage span of only 5 to 7 months and again Masur Jaga wanted to remarry again. The accused persons were relatives of Masur Jaga. On 27. 3. 1986, during night time while Masur Jaga was sleeping on cot placed in the Osari of his house, accused persons armed with deadly weapons came there and accused nos. 1 to 4 gave blow of dharia and knife to Masur Jaga, which resulted that Masur Jaga was died.

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