STATE OF GUJARAT Vs. GODAVARIBEN

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 13/2/1995 passed by the learned Sessions Judge, Mehsana in Sessions Case No. 243 of 1992, whereby the respondent accused came to be acquitted for the offences under Sec. 302, 201 and 34 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 leading to prosecution case can be stated thus on 17/7/1991 at about 11.00 to 11.30 am, respondent - accused intentionally and knowing sprinkled kerosene over her stepdaughter - Gitaben (deceased) and threw the lighted matchstick on the deceased to set her on fire and thus, committed her murder on account of deceased having came to know about adultery life of the respondent accused. Therefore, FIR came to be registered being C.R. No. 52 of 1991 with Vadnagar Police Station for the aforesaid offences.

(3.) In pursuance of the FIR lodged by the complainant, the investigating agency recorded statements of the witnesses, drawn panchnama of scene of offence 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 JMFC Court, Kheralu. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Mehsana as provided under sec. 209 of the Code.