LAWS(GJH)-2009-10-93

STATE OF GUJARAT Vs. KAMUBEN RAMABHAI SOLANKI

Decided On October 05, 2009
STATE OF GUJARAT Appellant
V/S
KAMUBEN RAMABHAI SOLANKI Respondents

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 8. 8. 2008 passed by the learned Additional Sessions Judge, Court No. 4 Amedabad in Sessions Case No. 190 of 2008 whereby the accused have been acquitted of the charges leveled against them.

(2.) THE brief facts of the prosecution case are as under: 2. 1 The complainant Sonalben is the wife of Sanajaybhai. Her marriage has taken place with Sanjaybhai prior to 13 years from the date of incident. Sanjaybhai was running auto rickshow. He had extra marital affairs with Kamuben. Due to this there were quarrals between the complainant and Sanjaybhai. Criminal Case under Section 125 of the Cr. P. C. was also filed by the complainant. On 21. 9. 2007 the complainant came to know from her sister Parul that Sanjaybhai was lying at Pirana road. She rushed there where she found that dead body of her husband Sanjaybhai was lying. 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, respondents were arrested and, ultimately, chargesheet was filed against them.