STATE OF GUJARAT Vs. PAPPU SUNDARLAL TANK

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 16/7/1999 passed by the learned Sessions Judge, Vadodara in Sessions Case No.214 of 1998, whereby the respondents herein -original accused came to be acquitted for the offences under Ss. 395, 397, 120(B) and 216(A) of the Indian Penal Code, 1860 as well as under Sec. 25(1) of the Arms Act, 1959, 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 prosecution are that as per the complaint of the complainant Ashokkumar Mavjibhai Mali, he stays with his family and he has been working as a driver in travel company named Lotus Travel Agency situated in Mumbai Ghatkopar area and he drove on Mumbai Nathdwara route. He is regular driver of company Luxury coach no. MH-02-T-140 and Balubhai Manilal is cleaner whereas Dalpatpuri Pratappuri is second driver with him.

(3.) In pursuance of the complaint lodged by the complainant with the Makarpura Police Station, Baroda for the offence under Ss. 395, 397, 120(B) and 216(A) of the Indian Penal Code, 1860 as well as under Sec. 25(1) of the Arms Act, 1959, 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 respondents - accused, charge-sheet came to be filed in the Court of learned the JMFC, Vadodara. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Vadodara, as provided under Sec. 209 of the Code.