STATE OF GUJARAT Vs. AHER RAYDE PALA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 31/1/1997 passed by the learned Sessions Judge, Jamnagar in Sessions Case No.85 of 1992, whereby the respondent accused came to be acquitted for the offences under Sec. 143, 147, 326, 504 r/w sec. 149 of Indian Penal Code, the appellant - State has preferred present appeal under sec. 378 of the Code of Criminal Procedure, 1973 ("the Code" for short).

(2.) Brief facts of the complaint as per complainant is such that on 24/7/1992, the dispute arose amongst the parties with regard to right of way and on account of which, cross complaints came to be filed by both the group.

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