LAWS(GJH)-2022-12-1350

STATE OF GUJARAT Vs. GOVINDBHAI MADHUBHAI KOLI

Decided On December 16, 2022
STATE OF GUJARAT Appellant
V/S
Govindbhai Madhubhai Koli Respondents

JUDGEMENT

(1.) Present Criminal Appeal is filed by the appellant - State of Gujarat being aggrieved by the judgement and order dtd. 24/03/1999 passed by the learned Sessions Judge, Amreli in Sessions Case No.49 of 1995 whereby the learned Judge has acquitted the accused / respondent from the offence punishable under Sec. 302 , 397 and 451 of Indian Penal Code and under sec. 135 of Bombay Police Act.

(2.) Brief case of the prosecution is that on 12/8/1994 at 17.00 hours at Village Hemala, Taluka, taluka Jafarabad, District Amreli, the accused Govind Madhu Koli to fulfill his intention to kill the son of the complainant Madhubhai Rambhai Koli, to rob the clothes etc., enter into the house of the complainant and caused injuries to the son of the complainant named Munna, due to which he succumbed to the injury and robbed the ornaments and clothes worth Rs.4970.00 from the house of the complainant. Therefore, the complaint being CR No.I-56 of 1994 came to be registered on 12/8/1994 for the aforesaid offences.

(3.) Thereafter, the investigation was set in motion and the investigating officer recorded statements of witnesses, panchnama of the scene of offence and other panchnamas were prepared, got pospostmortem of the deceased done, muddamal was sent to the FSL, and as there was sufficient against the accused, chargesheet was filed in the court of learned Judicial Magistrate, First Class. As the case was triable by the Sessions Court, the learned Magistrate having no jurisdiction to try the case, the case was committed to the Sessions Court and was numbered as Sessions Case No.49 of 1995.