THAKARSHIBHAI VELABHAI SAPRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal filed by victim-original first informant under Sec. 372 of the Code of Criminal Procedure, 1973 (for short "the Code") challenging the judgment and order of acquittal recorded by the Sessions Judge, Morbi dtd. 16/1/2023 in Sessions Case No.47 of 2019, whereby respondent-accused nos.2 and 3 came to be acquitted of the charge levelled against them.

(2.) As per the case of the prosecution, two years prior to the date of incident while deceased-Navghan taking the tractor in a reverse gear, dashed with the parents of accused no.1 causing simple injuries as also on a promise made to accused no.1 to get job for him on payment of Rs.15,000.00 at Himmatnagar by the deceased and he did not fulfill the same, incident occurred. As per the case of the prosecution, on 22/12/2018 at the house of respondent no.2 a conspiracy was hatched between the accused. In furtherance of their common intention calling the deceased over the phone and called him at river Koyba, accused no.2 in the trial caught hold of him and accused no.1 gave knife blow on head near the ear causing fatal injury. Thereby, accused are said to have committed an offence of murder as also committed breach of notification published by the District Magistrate holding them liable for an offence of Sec. 135 of the Gujarat Police Act (for short "the GP Act").

(3.) Pursuant to the incident, father of the deceased registered one FIR pursuant to which the case was registered and investigated by the PSI of the concerned police station and on conclusion of investigation, a charge-sheet came to be filed against both the accused for the offences punishable under Ss. 302, 120B and 34 of the Indian Penal Code, 1860 as also under Sec. 135 of the "GP Act". Since case against the accused was exclusively triable by the court of sessions, learned Magistrate, in whose court it came to be filed, committed the same to the court of sessions.