STATE OF GUJARAT Vs. POPATJI VALJI THAKORE

JUDGEMENT

(1.) Present Criminal Appeal has been preferred by the appellant - State of Gujarat under Sec. 378 of the Criminal Procedure Code, 1973 against the judgment and order dtd. 30/05/1996 passed by the learned Additional Sessions Judge, Ahmedabad Rural in Sessions Case No.183 of 1995 acquitting the respondent Nos.1 to 4 - original accused Nos.1 to 4 from the offence punishable under Sec. 302, 323, 324, 352 and 34 of Indian Penal Code and under sec. 135 of Bombay Police Act.

(2.) Facts of the case, in brief, are as under:-

(3.) On the basis of the said complaint, investigation was started, statement of witnesses were recorded, inquest panchnama was carried out, panchnama of scene of offence was carried out, muddamal weapon was recovered, muddamal weapon was sent to the Forensic Science Laboratory, postmortem report was obtained and after through investigation, as there was sufficient evidence against the the accused, Chargesheet was filed before the learned Judicial Magistrate, First Class, Gandhinagar. As the offence committed by the accused persons was exclusively triable by the Court of Sessions as per the provisions of Sec. 209 of Criminal Procedure Code, the learned Judge was pleased to commit the case to the Court of Sessions and the case was transferred and placed for trial in the court of learned Additional Sessions Judge, which has been numbered as Sessions Case No.183 of 1995. Thereafter, Charge was framed against the accused for the offence punishable under Sec. 302, 323, 324, 352 and 34 of Indian Penal Code and under sec. 135 of Bombay Police Act. The accused persons pleaded not guilty to the Charges and claimed to be tried. The prosecution, therefore, laid evidence, oral as well as documentary. After the evidence was over, Further Statement of the respondents - accused were recorded under sec. 313 of the Code of Criminal Procedure and arguments were heard. At the conclusion of the trial, the learned Additional Sessions Judge was pleased to acquit the all the accused for the charges levelled against them. Hence, the appellant - State of Gujarat has preferred the the present Criminal Appeal challenging the judgement and order of acquittal.