STATE OF GUJARAT Vs. NATVARSINH PRABHATSINIH RATHOD

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 30/6/1999 passed by the learned Sessions Judge, Panchmahals at Godhra in Sessions Case No.45 of 1998 for the offences under Ss. 395, 427, 506(2) and 509 of the Indian Penal Code the appellant has preferred the appeal as provided under Sec. 378(1)(3) 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 - original accused.

(2.) Brief facts of the prosecution case are that, on 22/6/1997 at about 5:00 p.m., the accused, armed with axe, stick, spear, sharp edged weapon ('dhariyu'), had come to the house of the complainant and tried to loot one Water Tanker, worth Rs.20, 000.00, belongs to the complainant, which was parked outside the house, by attaching it with the tractor of one of the accused and thereby committed an offence of dacoity. When the complainant had tried to prevent them, the accused got provoked and demolished the household items and beaten the family members of the complainant and threatened them to kill. Therefore, complaint has been lodged by the complainant - Ratilal Mangaldas Suthar before the Kalol Police Station for the offences punishable under Ss. Ss. 395, 427, 506(2) and 509 of the Indian Penal Code.

(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 Panchnama(s) 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 Sessions Court, Godhra.