STATE OF GUJARAT Vs. BHARATBHAI DATARAM SELAR

JUDGEMENT

(1.) THE matter was adjourned time and again. Upon inquiry from the Jail, through learned A. P. P. , the accused stated that he has not preferred any appeal against the order ofs the conviction passed by the learned Trial Court. Therefore this matter is taken up for hearing.

(2.) THE present appeal, under section 378 of the Code of the Criminal Procedure, 1973 is directed against the judgment and order of acquittal dated 13. 1. 2009, passed by the learned Sessions Judge , Rajkot in Sessions Case No. 33 of 2008 whereby the accused has been convicted under Section 304- II of I. P. C. sentenced to undergo R. I. for 5 Years and fine of Rs. 1,000/- in default R. I. for 12 months. The accused has been acquitted from the offence punishable under Section 302 and 114 of I. P. C.

(3.) THE brief facts of the prosecution case are as under: the accused no. 1 Bharatbhai is residing at Navalnagar Sheri no. 3 and working as a Ward Boy in Doshi Hospital. The complainant has given complaint in the police station that the elder brother Mangesh @ Baban is habitual of drinking liquor. After drinking liquor he use to make harassment to all other family members. On 20. 11. 2007, accused no. 1 and accused no. 2 took Mangesh with them in Auto Rickshaw. They give him liquor, after consuming the same, Mangesh becomes unconscious. Thereafter the accused persons ,tied plastic thread around the hands and legs with one heavy stone and thrown into the deep valley in water. On the next day, accused no. 1 went to police station and confess his crime.