SAIYED MUSHTAKALI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dtd. 31/8/2019 passed by the learned Sessions Judge, Mehsana in Sessions Case No.93 of 2017, whereby the respondents accused came to be acquitted for the offences punishable u/s 394, 397, 427, 324, 325 of the IPC and u/s 135 of the G.P. Act, the appellant - original complainant has preferred present criminal appeal u/s 372 of the Code of Criminal Procedure, 1973 (for short "the Code").

(2.) Briefly stated, it is the case of the prosecution that there was some partnership dispute between prosecution witness No.8 Saiyed Salimmiya, who happens to be brother of the complainant and accused No.1 Saiyed Fakir Mohammad and as accused No.1 failed to pay the outstanding of complainant's brother, relation between them were not cordial. On 4/8/2016 at about 20:30 hrs., the complainant requested his brother i.e. prosecution witness No.8 to arrange a sum of Rs.40,000.00 and after making arrangement of Rs.43,000.00, the complainant left in his car bearing registration No.GJ 2R 7900 and when he was on road leading from Mathasur to Alampur when he took turn, suddenly, one stone dashed on the glass of the car of the complainant and thus, he lost control over the steering. Immediately, both the accused opened the door of the car, snatched the complainant from the car and abused him and also gave kick and fist blows. Both the accused robbed money of Rs.43,000.00 from the complainant's pocket and accused No.1 gave knife blow on his right shoulder. Thereafter, the complainant lodged the complaint with regard to the incident before Nandasan Police Station on 5/8/2016, which was registered as I - C.R. No.58 of 2016 for the aforesaid offences.

(3.) In pursuance of the complaint lodged by the complainant, investigating agency recorded statements of the witnesses, collected relevant documentary 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 JMFC, Kadi. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, mehsasna as provided under sec. 209 of the Code.