STATE OF GUJARAT Vs. JAKU AND ORS.

JUDGEMENT

(1.) Rule. Learned advocate Mr. P. M. Lakhani waives service of notice of rule on behalf of respondent Nos. 1 to 5. Learned advocate Mr. P. B. Khambolja waives service of notice of rule on behalf of respondent Nos. 6 and 7.

(2.) Heard learned APP Ms. Jirga Jhaveri for the State, whereas learned advocate Mr. P. M. Lakhani for respondent Nos. 1 to 5 and learned advocate Mr. P. B. Khambholja for respondent Nos. 6 and 7.

(3.) All the respondents are original accused whereas applicant is a prosecuting agency, which has challenged the judgment and order dated 12.06.2014, a combined order below exhibits 10 and 30 by the Sessions Judge, Jamnagar. Exhibit 10 is filed by respondent Nos. 6 and 7 being original accused No. 5 and 6, whereas application at exhibit 30 is filed by respondent Nos. 1 to 5 being original accused Nos. 1, 2, 3, 4 and 7 to discharge them from the criminal case which is initiated pursuant to FIR being I - C. R. No. 168 of 2012 registered with "B" Division Police Station, Jamnagar City for the offences punishable under Sections 302, 511, 115, 116 and 120B of the Indian Penal Code of 17.04.2012. After investigation, the investigating agency has filed charge-sheet No. 232 of 2012 on 28.08.2012 alleging that all the accused have conspired to kill one advocate namely K. D. Thakkar because of his involvement in some cases of land, wherein because of said advocate, accused could not succeed in their motive and, therefore, they have decided to kill said advocate by arranging vehicular accident and for the purpose they have entered into conspiracy to purchase a vehicle and in turn they have purchased Honda Car. However, during such conspiracy when it was leaked the police raided the place where they were planning to kill said Mr. Thakkar and modus operandi to commit such crime and, thereby, after investigation, charge-sheet was filed as aforesaid.