STATE OF GUJARAT Vs. THAKORBHAI RATILAL PATEL

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. 6. 1988 passed by the learned Additional Sessions Judge, Vadodara in Sessions Case No. 128 of 1987 whereby the accused have been acquitted of the charges leveled against them.

(2.) THE brief facts of the prosecution case are as under: the incident took place between the night of 31. 5. 1987 and 1. 6. 1987, Kant was dealing in liquor. Shyam Sharman and Thakorbhai were his servants. On the date of the incident at about 8:30 p. m. the accused came to Harsinhji ni pole to take liquor bottle from Kant. There was a quarral regarding money for the liquor between the accused and Kant. Kant gave blow of bottles on the head of accused no. 1 and therefore the accused went away after giving threat. At about 10:30 Kant and his two servants went to the house of his elder brother at Shantinagar and slept on the terrace. At about 12:00 midnight, all the accused persons came there and went to the terrace and shouted , due to the same Shyam Sharma jumped from the terrace and tried to run away, but the accused had chased and injured him. Jyotiben wife of the elder brother of Kant, telephonicaly informed Rameshbhai and also to the Police Control about the incident. When the police came there they found Kant was death.

(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.