STATE OF GUJARAT Vs. KISHORBHAI DEVJIBHAI PARMAR

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 9/4/1996 passed by the learned Additional City Sessions Judge, Ahmedabad in Sessions Case No.145 of 1995, whereby the respondents accused came to be acquitted for the offences under Sec. 143 , 147 , 148 and 302 of Indian Penal Code and under sec. 135(1) of the Bombay Police Act, the appellant - State has preferred present appeal under sec. 378 of the Code of Criminal Procedure, 1973 ("the Code" for short).

(2.) Brief facts leading to prosecution case can be stated thus deceased - Babubhai was having one sister named Laxmiben and there as an incident of eve-teasing made of her, five years prior to the incident relating to the offence which had taken place on 17/3/1995 at about 8.30 pm opposite Mohanlal Shop, situated near Khadawali-ni-Chali in Gomtipur area of Ahmedabad City and thereafter, said Laxmiben had died and as there was hot exchange of words before about five years, out of grudge, incident in question had taken place.

(3.) In pursuance of the FIR lodged by the complainant - which came to be registered as C.R.No.I-48 of 1995 with Gomtipur Police Station for the offence under Sec. 143 , 147 , 148 and 302 of Indian Penal Code and under sec. 135(1) of the Bombay Police Act, the investigating agency recorded statements of the witnesses, drawn panchnama of scene of offence, discovery and recovery of weapons and obtained FSL report for the purpose of proving the offence. After having found sufficient material against the respondents accused, charge- sheet came to be filed in the Court of learned Metropolitan Magistrate, Ahmedabad. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Ahmedabad as provided under sec. 209 of the Code.