LAWS(GJH)-2015-10-210

STATE OF GUJARAT Vs. MAMADBHAI VALIBHAI SAMA SANDHI

Decided On October 08, 2015
STATE OF GUJARAT Appellant
V/S
Mamadbhai Valibhai Sama Sandhi Respondents

JUDGEMENT

(1.) The present appeal is filed by the appellant-State being aggrieved and dissatisfied with the judgment and order dated 19-5-2006 passed by the learned Sessions Judge, Jamnagar, in Sessions Case No.113 of 2004 whereby the respondentoriginal accused was acquitted of the charges levelled against him.

(2.) Short facts of the case of the prosecution are that pursuant to receipt of an information from one Sattarbhai on 28-7-2004 by the complainant-Chimanlal Virjibhai Bhalani serving as Deputy Engineer in Gujarat to the effect that a boy died due to electric current near bridge of Vanjavas Navnala, the complainant directed Line Inspector, Mr.Joshi to cut off electricity supply of guarder line and all officers of GEB went to the place of offence where they came to know that due to taking of illegal electric connection from 11-KV line to the house of the accused through the land, one Rajubhai died. A complaint was therefore filed by the complainant before Jamnagar 'B' Division Police Station. In pursuance of said complaint, investigation started and as there appeared prima facie case against the accused, a charge sheet was filed against him. Thereafter charge was framed against the accused which was read over and explained to the accused. The accused pleaded not guilty to the charge and claimed to be tried.

(3.) Heard learned Additional Public Prosecutor, Mr.L.R.Pujari for the appellant-State of Gujarat and learned advocate, Mr.Y.M.Thakkar for Mr.Haresh Joshi for respondent-accused.