STATE OF GUJARAT Vs. ROSHANBHAI FAKIRMOHAMAD SHAIKH

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. 20/06/1996 passed by the learned Additional Sessions Judge, Court No.7, Ahmedabad in Sessions Case No.302 of 1991 acquitting the respondent - original accused from the offence punishable under Sec. 307 of Indian Penal Code and under sec. 135 of the Bombay Police Act.

(2.) The case of the prosecution, in nutshell, is as under:-

(3.) On the basis of the said complaint, investigation was started, panchnama of the condition of the accused along with the knife and panchnama in respect to blood sustained clothes of the injured were prepared. Panchnama of the scene of offence was drawn. Statements of the injured Ramanbhai and others were recorded. Weapons and clothes were forwarded to FSL for scientific examination After through investigation, as there was sufficient evidence against the respondent - accused, Chargesheet was filed before the learned Chief Metropolitan Magistrate, Ahmedabad. As the offence committed by the accused 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.302 of 1991. Thereafter, Charge was framed against the accused for the offence punishable under sec. 307 of Indian Penal Code and under sec. 135 of Bombay Police Act. The accused 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 respondent - accused was 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 respondent accused for the charges levelled against him. Hence, the appellant - State of Gujarat has preferred the the present Criminal Appeal challenging the judgement and order of acquittal.