STATE OF GUJARAT Vs. SHAH SANJAYKUMAR NAVNITLAL

JUDGEMENT

(1.) THIS appeal has been filed by the State of Gujarat under section 378 of the Criminal Procedure Code, 1973 against the judgment and order of acquittal dated 5.10.1998 passed by learned Additional Sessions Judge, Mehsana in Sessions Case No.208/1996 for offences punishable under sections 498 -A, 306 and 114 of Indian Penal Code.

(2.) BEFORE proceeding with the present appeal, learned Advocate for the parties have drawn attention of this Court to the order dated 9.8.1999 passed by the Division Bench of this Court while admitting the appeal which is reproduced hereinunder:

(3.) CHARGE -sheet was filed and as the offences were exclusively triable by the Sessions Court, the case was committed by the Chief Judicial Magistrate to the Sessions Court under section 209 of the Criminal Procedure Code. 4.1 After investigation, charge was framed at Exh.15 against the accused. The accused denied the charges levelled against him and claimed to be tried.