IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/CRIMINAL APPEAL NO. 52 of 2013 FOR APPROVAL AND SIGNATURE:

HONOURABLE MR. JUSTICE A.Y. KOGJE Sd/-

and HONOURABLE MR. JUSTICE SAMIR J. DAVE Sd/-

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Approved for Reporting Yes No ==========================================================

STATE OF GUJARAT Versus NIRMALABEN @ NIRU WD/O GOVINDBHAI DAHYABHAI ==========================================================

Appearance:

MS. MONALI BHATT, APP for the Appellant(s) No. 1 RULE SERVED for the Opponent(s)/Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE A.Y. KOGJE and HONOURABLE MR. JUSTICE SAMIR J. DAVE Date : 08/05/2025 ORAL JUDGMENT (PER : HONOURABLE MR. JUSTICE A.Y. KOGJE)

1. The present appeal is preferred by the State under Section

378 of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 13.10.2012 passed by Sessions Judge, Ahmedabad (Rural) in Sessions Case No.27 of 2010. By the impugned judgment and order, the Sessions Court acquitted the respondent-accused for offense under Section 302 read with Section 114 of Indian Penal Code.

2. The brief facts of the case are as under :

The complainant-Rameshbhai Babubhai Jadav filed a complaint on 15.09.2008. He stated that on 14.09.2008 at 12 p.m. he left his house and went to the society near Gouri Gita Cinema to look for work. However, as he did not get any work, he returned home in a bus and at around 3:30 p.m. he got down at the HUDCO bus stand where he was informed by a resident of the locality namely Bhavu Marathe that, at around 1 p.m. Govindbhai who is a resident of the same locality, was beaten by his wife-Nirmalaben and daughter-Hetal. Further, upon hearing Govindbhai shouting for help, Bhavu alongwith Rabari Shivabhai and Pushpaben went there and saw Govindbhai lying on the ground and his daughter-Hetal was sitting upon him and his wife-Nirmalaben @ Niru was beating him using a baton that is used for washing clothes i.e., dhoko. The said persons tried to intervene and save Govindbhai upon which the daughter threatened them and told them not to interfere or else, she would pour kerosene on herself, set herself on fire and would name them. Hence, no one interfered in between. After a while, Govindbhai stopped shouting and he was thereafter taken to Civil Hospital in a rickshaw and it seemed that he had passed away. The complainant reached home at 5 p.m. wherein even his wife-Jashoda told about the said incident. Thereafter, he reached Civil Hospital at 6 p.m. and saw the deceased-Govindbhai lying in a stroller in a room and upon lifting the sheet, he saw that there were injuries on the area above the eye and the back of his head from where he was bleeding and Govindbhai had passed away. The daughter of the deceased told the complainant that the deceased fell in the bathroom resulting in injuries leading to his death. Upon which, he told her that as per the say of the people at HUDCO, she and her mother had beaten the accused and asked the reason for the same. She informed that a quarrel had occurred because her engagement took place with a person at Bilasiya, whom she did not like. However, she stated that they had not beaten the deceased.

3. Though rule served, none has appeared for the respondent-

accused. Hence, the matter has been taken up with the assistance of the learned APP considering the fact that the matter is of the year 2013.

4. Learned APP has submitted that the order of acquittal passed by the Sessions Judge, Ahmedabad (Rural) in Sessions Case No.27 of 2010 is contrary to law and evidence on record of the case.

4.1 Learned APP has submitted that PW No.1-Rameshbhai Babubhai Jadav, Exh.10 is the complainant and has fully supported the case of the prosecution. However, the Sessions Judge has not appreciated the evidence by considering it as hearsay evidence.

4.2 Learned APP has submitted that PW No.2-Prabhatsinh Kalubhai Chahuhan, Ex