STATE OF GUJARAT Vs. BHUPATSINH NAVALSINH

JUDGEMENT

(1.) BY way of this appeal the State is challenging the judgment and order dated 26.07.1995 passed by the learned Additional Sessions Judge, Panchmahals at Godhra acquitting the accused who was arraigned for commission of offence under sections 302, 201 and 498 -A of the Indian Penal Code, 1860 (hereinafter referred to as "IPC").

(2.) THE prosecution was put into motion by the accused himself who had gone to the police station and given the complaint dated 16.09.1994 declaring that his wife had committed suicide. However, on investigation the police had submitted the charge -sheet which was for the offences punishable under sections 302, 201, 498 -A of the IPC. The investigation having been completed, charge -sheet being led before the competent Court, the learned Magistrate committed the case to the Court of Sessions as it was a sessions triable offence.

(3.) IN view of the above and for the reasons stated above, present Criminal Appeal fails and the same deserves to be dismissed and is, accordingly, dismissed. Impugned judgment and order dated 26.07.1995 passed by the learned Additional Sessions Judge, at Godhra, District Panchmahal in Sessions Case No. 7/1995 acquitting the accused for the offence punishable under sections 302, 498 -A, 201 and 114 of the IPC is hereby confirmed. Bail bond stands cancelled.