STATE OF GUJARAT Vs. HARISINH MANSINH VASAVA

JUDGEMENT

(1.) In this acquittal appeal under Section 378 of the Code of Criminal Procedure, 1973 (Code), the appellant State of Gujarat has assailed the judgment and order of the acquittal recorded by the learned Sessions Judge, Bharuch, in Sessions Case No. 109 of 1984, on 15-3-1985, whereby respondent original-accused came to be acquitted of the charges under Section 302 and 452 of the Indian Penal Code (IPC). .RS 2

(2.) Let us have a first broad toties quoties of the prosecution case in which it has been alleged that the respondent original-accused is responsible for complicity of committing murder of one lady Ubadi Bhura by inflicting no less than 35 blows by knife with which he was armed which instantaneously cut-short the life of deceased Ubadi. The incident occurred on 7-8-1984 between 11.00 to 11.45 A.M. in the rented house of complainant prosecution witness No.2, Saiyedkhan Majidkhan ("complainant" for short hereinafter) situated in the area of Navinagri in Dediapada of Bharuch district. The accused committed house trespass with an animus to assault on deceased Ubadi in the rented house of the complainant who belonging to the deceased and committed murder and thereby it is alleged that he is guilty of the offences punishable under Section 302 and 452 of I.P.C.

(3.) Upon the complaint by the complainant around 12.00 Noon immediately after the alleged incident which came to be recorded by the Police Head Constable on duty in Dediapada police station, which was not done by police Head-Constable, N.B. Narpatsingh, as narrated by complainant Saiyedkhan, upon the strength of which offence came to be registered. After making entry in the police record, investigation was carried out statements of the prosecution witness came to be recorded by P.S.I. who resumed the investigation from Head-Constable, Narpatsingh at about 5.15 on the same. The muddamal articles were forwarded to the Forensic Science Laboratory for examination and report, and upon the receipt of the receipt and the conclusion of the investigation, the charge was framed against the accused persons before the trial Court for the offences punishable under Section 302 and 452 of I.P.C., to which he denied and claimed to be tried.