STATE OF GUJARAT Vs. MADHUBEN GEMABHAI PARMAR

JUDGEMENT

(1.) FEELING aggrieved and dissatisfied with the judgment and order dated 31.07.2012 passed by the Learned 2 nd Additional Sessions Judge, Surat in Sessions Case No.23 of 2011 whereby the respondent came to be acquitted for the offences punishable under Section 302 of Indian Penal Code (hereinafter referred to as 'IPC' for the sake of brevity and convenience), appellantState of Gujarat has preferred this Application to grant Leave to Appeal, as provided under Section 378(1)(3) of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.' for the sake of convenience).

(2.) BRIEFLY stated, the respondentaccused and deceased Rekhaben were real sisters and they were staying together in the hut situated at Kapodara Yogi Chowk, Vanmali Society, Near. Water Tank, Surat. On 12.10.2010, the respondentaccused lodged complaint before Kapodara Police Station to the effect that at about

(3.) AS Court of Learned Additional Chief Judicial Magistrate lacked jurisdiction to try the offence, it committed the case to the Sessions Court, as provided under Section 209 of Cr.P.C. Upon committal the case to the Sessions Court, the Learned Trial Judge framed charge against the respondentaccused vide Exh.4 for the offence punishable under Section 302 of IPC. The respondent accused pleaded not guilty and claimed to be tried.