STATE OF GUJARAT Vs. AJAY CHHOTUBHAI RAMAVAT

JUDGEMENT

(1.) INSTANT Criminal Appeal is preferred by the State under Section 378 of the Code of Criminal Procedure, 1973, against the judgment and order delivered by Additional Sessions Judge, Fast Track Court No. 7, Rajkot, on 11th of June, 2009, in Sessions Case No. 67 of 2008, whereby all the respondents herein being accused of the said Sessions Case, came to be acquitted by the Trial Court for the offences punishable under sections 302, 188 and 120 (B) of the Indian Penal Code.

(2.) APPEAL is Admitted. Respondents, in our humble view, are not called upon in the facts and circumstances of the case.

(3.) AS per the brief facts of the case, deceased in this case is one Anilbhai, who was serving as Postmaster at Kuvadva Branch near Rajkot. Incident occurred on 7th of March, 2008. Dead body of Anilbhai was found in the field of one Kiritbhai, near village Kherdi. As per the prosecution case, PW-22 Exhibit-66 one Lalji Kalubhai noticed that one person was taking deceased Anilbhai on Hero Honda motorcycle and thereafter the said person inflicted injuries by knife upon the body of Anilbhai. Therefore, Laljibhai Kalubhai - PW-22 informed this fact to PW-24 Rameshbhai Naranbhai and, hence, Rameshbhai Naranbhai as well as his brother Vallabhbhai came to the scene of offence and found that dead body of Anilbhai was lying in bleeding condition. Near the dead body, one chhapal, one mobile and one bag were also there. Relatives of the deceased were informed and police was also informed by Rameshbhai Naranbhai. It appears that thereafter Bharatbhai Kanakray, brother of the deceased, gave complaint before the police. Hence, crime came to be registered. Complaint is produced at Exhibit-75. For motive, it is the prosecution case that, before one year of the incident, wife of Bharatbhai, named as Daxaben, had died. Parents of Daxaben also wanted to file a complaint but the matter was compromised, but in-laws of Bharatbhai had suspicion that deceased Anilbhai had greater role to play in the death of Daxaben and, hence, the present respondents accused hatched conspiracy, being relatives of the deceased Daxaben, brought Anilbhai to the field of Kiritbhai and murdered him.