STATE OF GUJARAT Vs. PRATAPSINH AKHMABHAI PANDOR

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 10/7/1998 passed by the learned Additional Sessions Judge, Godhra in Sessions Case No.185 of 1995, whereby the respondent accused came to be acquitted for the offences under Sec. 302, 201 of Indian Penal Code, 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 case is that between 25/7/1995 and 26/7/1995 at any time, the respondent - accused had quarrel with Mansinh Nathabhai and with intention to kill him, the respondent - accused drowned Mansinh Nathabhai in water and killed him and thereafter, he had tied big stone with body of deceased and destroyed evidence. In this connection, Mansinh Nathabhai was killed. Hence, FIR being C.R.No.102 of 1995 was lodged with Morva Police Station.

(3.) In pursuance of the complaint lodged by the complainant with the Morva Police Station for the offence under Sec. 302, 201 of IPC, 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, Santrampur. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Godhra as provided under sec. 209 of the Code.