STATE OF GUJARAT Vs. KANUBHAI KADVABHAI THAKARDA

JUDGEMENT

(1.) BY way of this appeal, the appellant State has challenged the judgment and order of the learned Additional Sessions Judge, Sabarkantha at Himmatnagar dated 18.09.1995 rendered in Sessions Case No.86 of 1994, whereby the learned Trial Judge acquitted the original accused the opponents herein for the alleged offences.

(2.) THE brief facts of the case of the prosecution, as set out before the learned Trial Court, read as under:

(3.) AFTER completion of the investigation, the chargesheet was filed before the learned Magistrate Court. As the case was exclusively triable by the Court of Sessions, learned Magistrate Court under Section 209 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") committed the said case to the Court of learned Additional Sessions Judge, Sabarkantha, which was, thereafter, numbered as Atrocity Sessions Case No.86 of 1994. Since the opponent did not plead guilty and claimed to be tried, he were tried for the alleged offences.