STATE OF GUJARAT Vs. BHAGVATIBEN ARJANBHAI DALABHAI KATARA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 8/3/2021 passed by the learned Sessions Judge, Mahisagar @ Lunawada in Sessions Case No.51 of 2018 for the offences under Sec. 302 , 114 of IPC and also u/s 135 of the G.P. Act, the applicant - State of Gujarat has preferred this application to grant leave to 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 respondent accused.

(2.) The brief facts of the case are that the son of the complainant had love affairs with the accused. Thereafter, quarrel took place between the son of the complainant and the accused and in that, the accused inflicted knife blow on the neck of the son of the complainant and killed him. Thereafter, the complainant lodged the complaint with regard to the incident before Santram Police Station, which was registered as I - C.R. No.53 of 2015 for the offences under Sec. 302 , 114 of IPC and also u/s 135 of the G.P. Act.

(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 various Panchnamas 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 Court of learned JMFC, Santrampur. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Mahisagar @ Lunawada as provided under sec. 209 of the Code.