STATE OF GUJARAT Vs. SOBATBHAI KHIMABHAI

JUDGEMENT

(1.) The present appeal filed by the State under Sec. 378(1)(3) of the Criminal Procedure Code, 1973 (for short 'Cr.P.C.') challenges the judgment and order of acquittal dtd. 30/9/2004 passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Dhrangadhra in Sessions Case No.31 of 1999.

(2.) The facts of the case, as has been referred, briefly can be stated that on 14/4/1999, a complaint was registered before Haldvad Police Station for the offence under Ss. 395, 397, 452 and 114 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC' for short) as well as Sec. 135 of Bombay Police Act (for short, 'B.P. Act') vide C.R. No.51/99, stating the fact that some accused persons have assaulted the staff members of petrol pump with deadly weapons and thereby, committed robbery of cash of Rs.12,806.00 of patrol pump, situated on Highway at about 11.00 p.m.

(3.) Learned APP Mr. Rohan Raval, has referred to the charge framed by the Trial Court against ten of the accused, stating that on the referred time and place, the accused had joined together and committed dacoity and robbery with sticks as deadly weapons, had caused grievous hurt to three of the persons. APP Mr. Raval further stated that there was breach of notification under Sec. 135 of the B.P. Act.