STATE OF GUJARAT Vs. PATEL NANJIBHAI DEVRAJBHAI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 30/11/1994 passed by the learned Additional Sessions Judge, Amreli in Sessions Case No.27 of 1990 for the offences under Sec. 307 , 147 , 148 and 149 of Indian Penal Code, 1860 and Sec. 135 of Bombay Police Act, the applicant - State of Gujarat has preferred this appeal as provided under sec. 378 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 that, on 30/11/1989, injured Bhimjibhai was going to give Rs.3,000.00 to Himmatbhai Naranbhai and the complainant - Ashokbhai Bhimjibhai was also going for factory. When the complainant - Ashok Bhimji reached to the factory, he came to know from the workers that the accused were beating Bhimjibhai. Therefore, the complainant rushed towards there. He has seen that the accused were armed with stick, pipe and spade and beating Bhimjibhai. Due to that, Bhimjibhai received injuries. Thereafter, the accused had run away from the scene of offence. As the injured was unconscious, he was shifted to the hospital. The dispute is for the land. Thereafter, the complainant lodged the complaint with regard to the incident before the Amreli Rural Police Station, which was registered as M. Case No.21 of 1989 for the offences under Sec. 307, 147, 148 and 149 of Indian Penal Code, 1860 and Sec. 135 of Bombay Police Act

(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 respondent accused, charge-sheet came to be filed in the Court of learned Chief Judicial Magistrate, Amreli. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Judge, Amreli as provided under sec. 209 of the Code.