Criminal Appeal No. 871 of 1986 · Gujarat High Court

CORAM : HONOURABLE MR.JUSTICE BHAGWATI PRASAD HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 16/07/2008 ORAL JUDGMENT CR.A/871/1986 JUDGMENT (Per : HONOURABLE MR.JUSTICE BHAGWATI PRASAD)

The present appeal by the State of Gujarat under Section 378 of the Criminal Procedure Code challenges the order dated 30.4.1986 passed by the Additional Sessions Judge, Baroda in Sessions Case No. 123 of 1985 acquitting the present respondent – original accused for the offence punishable under Section 302 of the Indian Penal Code and Section 135 of the Bombay Police Act.

The case of the prosecution is that the accused and decreased Hasinabibi were married for about 12 years and two sons were born to them out of the wedlock. About three months prior to the date of incident, the accused had left his wife with her parents. However, his wife returned to their village : Shinor and started residing with one Bashir Belim. The accused therefore, had gone to persuaded her to return to their house but deceased Hasinabibi had refused to go with the accused and had told him that she would stay with Bashir. On 28.08.1985 at about 6:15 in the evening when the accused was in Bazar he saw his wife, who had come to purchase vegetables in the market. On seeing her he became angry and gave about two to four knife blows with knife in her stomach which resulted in her death. It is further the prosecution case that after committing the crime, the accused himself went CR.A/871/1986 JUDGMENT to the police station and informed the police about the incident. On the basis of the said information, the police registered an FIR and recorded statements of eyewitnesses as also seized the blood stain cloths of the accused and the weapon of offence. After completion of the investigation, chargesheet was filed and the accused was put on trial.

Before the trial Court, the eyewitnesses did not support the case of the prosecution and were declared hostile. There being no other evidence to connect the accused with the crime, accept his own confession before the police, the trial Court acquitted the accused of the trial.

We have heard Mr. Nanavati, learned APP for the State and Ms. Sadhna Sagar, advocate for the respondent – original accused.

It has been fairly submitted by Mr. Nanavati that the trial Court was right in not relying upon the information given by the accused to the police as the same was hit by Section 25 of the Indian Evidence Act which renders inadmissible in evidence any inculpatory statement made by the accused to the police. He has also submitted that all the witnesses whom the prosecution examined as eye witnesses viz. Gangaram Ishwarbhai PW-2, Dalsukhbhai Maganbhai PW-3, and Manoj Kanubhai PW-4, have not supported the case CR.A/871/1986 JUDGMENT of the prosecution and having declared hostile. Therefore, the trial Court has rightly not relied upon their evidence and has arrived at a conclusion that there is no evidence on record, either direct or indirect to connect the accused with the offence.

We are therefore, of the considered opinion that the trial Court has given good and cogent reasons for acquitting the accused. We find no infirmity with any of the findings recorded by the trial Court so as to warrant any interference. Accordingly, the appeal deserves to be rejected and is therefore, dismissed. Bail bond stands cancelled. [BHAGWATI PRASAD, J.] [S.R.BRAHMBHATT, J.] pallav