LAXMANSINH @ LAKHO ATMARAM THAKORE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order of the learned Additional City Sessions Judge, Court No.7, Ahmedabad dated 22.03.1995 in Sessions Case No.185 of 1991, whereby the appellant -original accused no.1 came to be convicted under Section 307 of the Indian Penal Code (for short "IPC") and was directed to suffer rigorous imprisonment for 3 years and 6 months and for the offence under Section 135(1) of the Bombay Police Act, the appellant -original accused no.1 came to be convicted for simple imprisonment for one month.

(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 Metropolitan Magistrate Court, Ahmedabad. As the case was exclusively triable by the Court of Sessions, learned Magistrate Court, Ahmedabad 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 City Sessions Judge, Court No.7, Ahmedabad, which was, thereafter, numbered as Sessions Case No.185 of 1991. Since the appellant -original accused no.1 did not plead guilty and claimed to be tried, he was tried for the alleged offence.