STATE OF GUJARAT Vs. MANGABHAI SOMABHAI NAYAKA

JUDGEMENT

(1.) By way of this appeal, the appellantState of Gujarat has challenged the judgment and order dated 28.07.2008, passed by the learned Sessions Judge, Navsari, in Sessions Case No.23 of 2008, whereby the Trial Court has acquitted the original accusedrespondent herein for the offence punishable under Sections 302 and 201 of the of the Indian Penal Code (for short "the I.P. Code") and under Section 135 of the Bombay Police Act.

(2.) The facts of this case are that a complaint was filed by the complainantSitaben Anilbhai inter alia alleging that she was the Sarpanch of the village. On 14.02.2008 when the complainant was at her residence her motherinlaw and other people of the village informed her that on the last night, altercation took place between one Rukhiben and her husbandoriginal accused and the original accused beaten her and she was lying in her house. Therefore, the complainant and other people went to the resident of the original accused and found Rukhiben dead there having injury on head.

(3.) The investigation was taken up and after usual investigation, chargesheet came to be filed against the accused persons. The offence committed by the accused persons were exclusively triable by the Court of Sessions. Therefore, the learned Magistrate committed the case to the Sessions Court at Navsari under Section 209 of the Code, where it was registered as Sessions case No.23 of 2008. Charge vide Exhibit2 came to be framed against the accused persons. They pleaded not guilty and claimed to be tried.