STATE OF GUJARAT Vs. RAJU

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 23/2/1999 passed by the learned Additional Sessions Judge, Vadodara in Sessions Case No.38 of 1998 for the offences under Ss. 451, 452, 395 and 506(2) of the Indian Penal Code, Sec. 25(1) of the Arms Act and Sec. 37(1) read with Sec. 135 of the B.P. Act., the appellant - State of Gujarat has preferred this appeal as provided under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 ("the Code for short) inter alia challenging the judgment and order of acquittal in favour of the respondents - accused.

(2.) The case of the prosecution is as under :

(3.) In pursuance of the complaint lodged by the complainant, investigating agency recorded statements of the witnesses, collected relevant evidence and drawn various Panchnamas and other relevant evidence for the purpose of proving the offence. After having found material against the respondents - accused, charge-sheet came to be filed in the Court of learned Chief Judicial Magistrate, Vadodara. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Vadodara as provided under sec. 209 of the Code.