“Reportable”

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1291 OF 2008

Madan Mohan Singh

… Appellant

Versus

State of Gujarat & Anr.

… Respondents

WITH

CRLMP NO. 12749 OF 2008

J U D G M E N T

V.S. SIRPURKAR, J.

1.

The accused who faces prosecution for offences under Section

306 and 294(b) of the Indian Penal Code (IPC) comes up before us

being aggrieved by the High Court judgment by which his petition

under Section 482 Cr.P.C. was dismissed. In that petition the

accused/appellant had challenged the First Information Report (FIR)

registered as C.R. No. 166 of 2008 at Naranpura Police Station.

1

2.

The said FIR is a long document which has been filed by one

Harshida Ben, widow of Deepakbhai Krishnalal Joshi. It is apparent

from the said report that she was married to Deepakbhai Krishnalal

Joshi serving in Ahmedabad Bharat Sanchar Nigam Ltd. as a driver

in the Microwave Project Department. He had undergone a heart

bypass surgery in the year 2002 and he was asked by the doctor to

avoid lifting heavy weights. She further stated that the appellant,

Madan Mohan Singh was working as a D.E.T. and her husband who

was driving