STATE OF GUJARAT Vs. PRABHUBHAI FULABHAI THAKOR

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 15/5/1999 passed by the learned Sessions Judge, Ahmedabad (Rural) in Sessions Case No.110 of 1998, whereby the respondent accused came to be acquitted for the offences under sec. 302 of Indian Penal Code and under Sec. 135(1) read with Sec. 37(1)(a) of the Bombay Police Act, 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 as reflected in the complaint lodged by P.W. 1 Pratapbhai Somabhai are that when the complainant was sitting in his Pan shop at about 8.30 p.m. on 21/3/1998, one Keshavbhai Ambaram (P.W.2) came and informed him that Prabhubhai Fulabhai (accused) quarreled with his brother Jalubhai (deceased). Therefore, P.W.1 Pratapbhai went running there and he saw the accused running away with a knife in his hand and the deceased Jalubhai was lying in an injured condition opposite his Pan shop. He had knife wounds on the right side of the chest and in the left side of the abdomen. He was in unconscious condition. He carried the injured Jalubhai in a Chhakada of Ganibhai to Viramgam Government Dispensary from where, he was carried to V.S. Hospital, Ahmedabad wherein he was being treated while he was in Semi-unconscious condition. The motive behind this crime is that the accused was relieved from his service by Bhikhabhai and therefore, he was abusing and the deceased Jalubhai told him not to make abusing and therefore, the accused inflicted knife injuries on his chest with an intention to cause his death.

(3.) In pursuance of the complaint lodged by the complainant with the Viramgam Rural Police Station for the offence under Sec. 302 of Indian Penal Code and under Sec. 135(1) read with Sec. 37(1)(a) of the Bombay Police Act, 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, Viramgam. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Ahmedabad Rural as provided under sec. 209 of the Code.