STATE OF GUJARAT Vs. ANTARBA

JUDGEMENT

(1.) By way of this appeal, the appellant-State seeks to assail the the judgment and order dtd. 31/12/1997, passed in Sessions Case No. 12 of 1996, whereby, the learned Addl. Sessions Judge, Ahmedabad (Rural), at Gandhinagar (in brief, 'Trial Court'), acquitted the original accused-opponent, herein, namely Antarba Abhuji Pratapji Vaghela of the offence punishable under Ss. 498(A) and Sec. 302 of the Indian Penal Code, 1860 ('IPC' in Short).

(2.) The brief facts of the case of the prosecution, as was laid down before the Trial Court, reads thus;

(3.) In pursuance of the complaint lodged by the complainant with Pethapur Police Station for the offence under Sec. 498(A) and 302 of the IPC, the investigating agency recorded statements of the witnesses, drawn panchnama of scene of offence and obtained FSL report, for the purpose of proving the offence. After having found sufficient material against the opponent-accused, charge-sheet came to be filed in the Court of learned JMFC, Gandhinagar. As the said Court lacked jurisdiction to try the offence, it committed the case to the trial Court, as provided under Sec. 209 of the Code of Criminal Procedure, 1973.