STATE OF GUJARAT Vs. SOMABHAI RUPABHAI NAYAK

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 7/10/1998 passed by the learned Sessions Judge, Panchmahals at Godhra in Sessions Case No.76 of 1998, whereby the respondent accused came to be acquitted for the offences under sec. 302 of Indian Penal Code and under sec. 135 of Bombay Police Act, the appellant - State has preferred present appeal under sec. 378 of the Code of Criminal Procedure, 1973 ("the Code" for short).

(2.) Brief facts of the complaint as per complainant is such that accused Somabhai Rupabhai committed murder of his wife Maliben in his residential house at Village Biliya by causing injuries with the help of handle of Axe and also by smothering and throttling her. It is also alleged in the complaint that respondent accused committed breach of the Notification issued under the provisions of Bombay Police Act. Thus, FIR being C.R.No.I-133 of 1997 came to be registered against the respondent accused for the offence under sec. 302 of IPC and also under sec. 135 of Bombay Police Act.

(3.) In pursuance of the complaint being C.R.No.I-133 of 1997 lodged by the complainant with the Shehra Police Station for the offence under Sec. 302 of Indian Penal Code and also under sec. 135 of Bombay Police Act, the investigating agency recorded statements of the witnesses, drawn panchnama of scene of offence, discovery and recovery of weapons and obtained FSL report for the purpose of proving the offence. After having found sufficient material against the respondent accused, charge-sheet came to be filed in the Court of learned JMFC, Lunawada. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Panchmahals at Godhra as provided under sec. 209 of the Code.