State of Gujarat vs Bhikhabhai Dhanabhai Barad and 4

Honourable Mr. Justice Ravi R. Tripathi

The present application is filed by the State of Gujarat seeking leave to appeal against judgment and order dated 26.04.2012 passed by the learned 4th Additional Sessions Judge, Veraval in Sessions Case No. 49 of 2008, whereby the learned Additional Sessions Judge was pleased to acquit the accused of the offence under sections 302, 201, 465, 468, 471, 511 and 34 of IPC. The learned APP invited attention of the Court to various circumstances which point finger to accused no. 1 as the person who committed the alleged offence. The learned APP invited attention of the Court to the fact that the dead body of the deceased-Virbhanbhai Rambhai Barad recovered from the field of accused no. 1 at the instance of accused no. 1. The learned APP also pointed out that it was accused no. 1 who tried to withdraw the amount on the basis of fabricated documents including that of certificate of doctor wherein it was stated that the deceased is not well and funds are required for getting him treated. The learned APP also pointed out that accused no. 1 got his name included in the Bank account wherein the deceased had deposited an amount of Rs. 13,70,000/- as sale proceeds of the land which belonged to the deceased. The learned APP, last but not the least, submitted that it is on record that the deceased was residing with accused no. 1 and from the aforesaid facts it is clear that he had motive and reason to commit the offence and cause unnatural death of the deceased. The matter requires consideration. Leave to appeal is granted. The application is allowed.