STATE OF GUJARAT Vs. HIRA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 7/11/1998 passed by the learned Additional Sessions Judge, Junagadh in Sessions Case No.152 of 1996 for the offences under Ss. 148 and 149 read with Sec. 302 of the Indian Penal Code and Sec. 135 of the Bombay Police Act, the applicant - 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 in form of medical 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, Junagadh. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, as provided under sec. 209 of the Code.