STATE OF GUJARAT Vs. SAJID

JUDGEMENT

(1.) This Appeal is filed by the appellant - State of Gujarat under Sec. 378(1)(3) of the Criminal Procedure Code, 1973 against the judgment and order dtd. 20/9/2006 passed by the Sessions Judge, Panchmahals at Godhra in Sessions Case No.95 of 2006 acquitting the respondent - original accused from the offence punishable under Sec. 332 , 333 , 286 and 427 of Indian Penal Code and under sec. 135 of Bombay Police Act.

(2.) The case of the prosecution case is that The prosecution case in brief is that the complainant Ramubhai Bijalbhai Charel, Unarmed Constable (Buckle No.1556) lodged the complaint against the accused to the effect that on 3/4/2006 at about 20:30 hours, Lunawada Police arrested the accused in C.R. No.I-28/2006 for the offences punishable under Ss. 457 , 380 , 411 of the Indian Penal Code. It is the further case of the prosecution that on 4/5/2006, PSI, Lunawada Police Station, complainant, Police Constable Kanubhai, Police Constable Mahendrabhai and Police Constable Abhesinh took the accused at their Police Station for inquiry in the aforesaid offences. During the inquiry, the accused got excited and attacked on the complainant with the stick and injured the complainant. The accused also gave fist blows on the mouth of the complainant and one teeth complainant is also broken. The accused had also torn the uniform of the complainant. At that time, the other Police personnel came to the rescue and defend complainant from further beating. As, the accused had beaten the complainant, when the complainant was duty with stick and injured the complainant, the complainant had lodged the complaint against the accused with Lunawada Police Station, which was registered a numbered as C.R. No.I-33 of 2006. The Police, thereafter prepared a Panchnama of the place of the offence and the Medical Certificate of the treatment was also obtained and after investigation, the Police submitted chargesheet against the accused for the offences punishable under Ss. 332 , 333 , 186 , 427 of the Indian Penal Code and Sec. 135 of the Bombay Police Act in the Court of Judicial Magistrate First Class, Lunawada. As the Offences are exclusively triable by the Court of Sessions, the same was transferred to the Court of the learned Sessions Judge, Panchmahals-Godhra, which was ultimately registered and numbered as Sessions Case No.95/2006, who on the conclusion of the trial by judgment and order dtd. 20/9/2006 acquitted the accused of the offences with which he was charged.

(3.) Being aggrieved by and dissatisfied with the aforesaid judgement and order of acquittal, present appeal has been filed by the appellant - State.