STATE OF GUJARAT Vs. SHIMALIYA CHHAGAN PARGHI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order dtd. 19/3/1998 passed by the learned Additional Sessions Judge, Panchmahal camp at Dahod in Sessions Case No.230 of 1996 for the offences under Sec. 395 and 397 of the Indian Penal Code and under Ss. 25(1)(b)(a) and 27 of the Arms Act, the appellant-State of Gujarat has preferred the captioned appeal inter alia challenging the judgment and order of acquittal in favour of the respondents-accused.

(2.) The brief facts of the prosecution case are that on 05/02/1995 between 00:00 to 00:30 hours at Village Rajpur, the respondents-accused alongwith other absconding accused having armed with deadly weapons like revolver got entered into the house of complainant and other witnesses by breaking door and created terror amongst them; fired the pistol and thereby caused death of deceased-Puniyabha, as also caused injuries to witness-Shakariya Maganbhai and committed robbery of live stocks and utensils valued at of Rs.15,950.00 and thus committed the aforesaid offences. The complainant lodged the complaint with regard to the incident before Dahod Police Station, which was registered as I - C.R. No.24 of 1995 for the aforesaid offences.

(3.) In pursuance of the complaint lodged by the complainant, investigating agency recorded statements of the witnesses, collected relevant evidence and drawn various Panchnamas and other relevant 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 Judicial Magistrate, First Class, Dahod. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Dahod as provided under sec. 209 of the Code.