STATE OF GUJARAT Vs. ATMARAM KESHAVLAL PATEL

JUDGEMENT

(1.) The present appeal, under Section 378 of the Code of Criminal Procedure, 1973, is directed against the judgment and order of acquittal dated 30.09.1995 passed by the learned Assistant Sessions Judge, Mehsana, in Sessions Case No.115 of 1993, whereby the learned Judge has acquitted the respondents - accused from the charges levelled against them.

(2.) The brief facts of the case of prosecution are that before eight days of 09.08.1992, when the complainant Dineshbhai was at his field, at that time, the accused No.1 and 2 had quarreled with him, regarding illicit relation with one Manjula and they threatened the complainant to leave the village and if complainant would not leave the village, then accused will kill him. It is also alleged in the complaint that even the accused No.3 had also harassed the complainant again and again on the issue of illicit relation with Manjula and on account of this, the complainant was mentally disturbed and left his house. It is also alleged that on 08.08.1992 at about 6.00 p.m., the complainant had consumed pesticide in the empty coach of train and he died. Therefore, the complaint was lodged against the accused for the offence under Sections 506(2), 306, 114 of I.P. Code.

(3.) Necessary investigation was carried out, statements of the witnesses were recorded, Thereafter, after completion of investigation, the charge-sheet was filed against the respondents - accused in the Court of learned J.M.F.C. Thereafter, as the case was triable by the Court of Sessions, the learned Magistrate committed the case to the Court of Sessions. Thereafter, the charge was framed against the respondents - accused. The respondents - accused pleaded not guilty to the charge and claimed to be tried.