STATE OF GUJARAT Vs. VELABHAI PUNABHAI THAKORE

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 24/5/1999 passed by the learned Additional Sessions Judge, Ahmedabad (Rural) in Sessions Case No.171 of 1996, whereby the respondents accused came to be acquitted for the offences under sec. 307, 326, 324, 323, 34 and 120(B) of Indian Penal Code, the appellant - State has preferred present appeal under sec. 378(1)(3) of the Code of Criminal Procedure, 1973 ("the Code" for short).

(2.) Briefly stated, it is case of the prosecution that as per complaint at Exh.19 lodged by the complainant - Premjibhai, father of the injured - Vasudevbhai that on 30/9/1994 in the morning when the complainant and his son - Vasudevbhai were going to take newspaper from the Panchayat Office of Village - Goriya, at that time, prosecution witness - Khengarbhai and Kantibhai met with the complainant on the way and therefore, injured - Vasudevbhai went to take newspaper at bus stand and at that time, accused persons including deceased - Bhima Vela surrounded the injured Vasudevbhai. At that time, accused Bhima Vela (deceased) caused injury on the abdomen of victim - Vasudevbhai and accused Mana Vela caused injury to victim Vasudevbhai on chest and also caught hold injured Vasudevbhai. At that time, accused Rana Vela caused injury with knife on knee of victim Kantibhai. Thus, it is alleged that the accused persons were intended to commit murder of victim Vasudevbhai, they have also abated commission of such crime.

(3.) In pursuance of the complaint being C.R.No.I-108 of 1994 lodged by the complainant with the Viramgam Police Station for the offence under Sec. 307, 326, 324, 323, 34 and 120(B) of Indian Penal Code, the investigating agency recorded statements of the witnesses, drawn panchnama of scene of offence, discovery and recovery of weapons and clothes were affected and obtained FSL report for the purpose of proving the offence. After having found sufficient material against the respondent accused and deceased accused Bhima, charge-sheet came to be filed in the Court of learned JMFC, Viramgam. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Ahmedabad (Rural) as provided under sec. 209 of the Code.