STATE OF GUJARAT Vs. DEVIYABHAI BADHABHAI GAMAR

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 31. 1. 2009 passed by the learned Additional Sessions Judge, 4th Fast Track Court at Himmatnagar, camp-Ider in Sessions Case No. 77 of 2008 whereby the accused have been acquitted of the charges leveled against him.

(2.) THE brief facts of the prosecution case are as under: 2. 1 The complainant Hojabhai Audabhai Gamar, is residing at Kotda Dabhivas, Tal. Khedbrahma. He has a son Nathubhai Hojabhai Gamar aged about 40 years. On 8. 12. 2007 at about 7:30 p. m. his grant son has informed him that accused Deviyabhai Badhabhai Gamar had pushed his father Nathubhai into the well. The complainant went there but he could not see anything as there was darkness. On the next day, morning about 7:00 a. m. He foud the dead body of his son Nathubhai from the well. Therefore the complaint came to lodged against the accused.

(3.) 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.