RATHOD DINESHBHAI MULABHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 28/9/2021 passed by the learned Additional Sessions Judge, Tharad, Banaskantha in Sessions Case No.8 of 2019, whereby the respondent accused Mr. Chothabhai Harsangbhai Rabari (Makwana) came to be acquitted for the offences under sec. 302 of Indian Penal Code and under sec. 3(2)(5) of the Schedule Caste and Schedule Tribe (Prevention of Atrocity) Act, 1989, the applicant - original complainant has preferred this application to grant leave to appeal as provided under sec. 378(4) of the Code of Criminal Procedure, 1973 ("the Code" for short).

(2.) The applicant - original complainant registered complaint being C.R.No.I-174 of 2018 with Tharad Police Station against against the private respondent herein for the aforesaid offences because father of the complainant was found dead suspiciously on 29/11/2018 at or around 8.00 p.m.

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