STATE OF GUJARAT Vs. KANTIBHAI PREMJIBHAI SOLANKI

JUDGEMENT

(1.) Present Criminal Appeal has been preferred by the appellant - State of Gujarat under Sec. 378 of the Criminal Procedure Code, 1973 against the judgment and order dtd. 29/03/1997 passed by the learned Additional Sessions Judge, Valsad at Navsari in Sessions Case No.79 of 1995 acquitting the respondent Nos.1 and 2 - original accused Nos.1 and 2 from the offence punishable under Sec. 302 , 34 , 506 and 324 of Indian Penal Code.

(2.) Facts of the case, in brief, are as under:-

(3.) On the basis of the said complaint, investigation was started and after through investigation, as there was sufficient evidence against the respondents - accused persons, Chargesheet was filed before the learned Judicial Magistrate, First Class. As the offence committed by the accused persons was exclusively triable by the Court of Sessions as per the provisions of Sec. 209 of Criminal Procedure Code, the learned Judge was pleased to commit the case to the Court of Sessions and the case was transferred and placed for trial in the court of learned Additional Sessions Judge, which has been numbered as Sessions Case No.79 of 1995. Thereafter, Charge was framed against the accused for the offence punishable under Sec. 302 , 34 , 506 and 324 of Indian Penal Code. Thereafter, an application was filed by the learned APP for amendment of the Charge which was allowed and the Charge was amended to the effect that the accused No.1 has inflicted knife blow, whereas, accused No.2 has inflicted iron blow. The accused persons pleaded not guilty to the Charges and claimed to be tried.