STATE OF GUJARAT Vs. GOVINDBHAI LAKHABHAI PAGI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 3/1/1998 passed by the learned Sessions Judge, Panchmahals at Godhra in Sessions Case No.119 of 1997, whereby the respondent - original accused accused No.2 came to be acquitted for the offences under Sec. 302 of Indian Penal Code read with Sec. 34 of the Indian Penal Code. The appellant - State has preferred present appeal under Sec. 378 of the Code of Criminal Procedure, 1973 ("the Code" for short).

(2.) The brief facts leading to the filing of the present appeal are as under:

(3.) In pursuance of the complaint lodged by the complainant with the Konthba police station for the offence under Sec. 302 of the Indian Penal Code read with Sec. 34 of the Indian Penal Code. The investigating agency while carrying out investigation recorded statements of the witnesses, drawn panchnama of scene of offence, discovery and recovery of weapons and obtained FSL report for the purpose of proving the offence. After having found sufficient material against the respondent accused, charge-sheet came to be filed in the Court of learned Judicial Magistrate First Class, Lunawada, District: Panchmahals. As said Court lacks jurisdiction to try the offence, it committed the case to the learned Sessions Court, Panchmahals at Godhra, as provided under Sec. 209 of the Code.