STATE OF GUJARAT Vs. MUMAN SELIA ABDULBHAI IBRAHIMBHAI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 22/6/1998 passed by the learned Sessions Judge, Banaskantha @ Palanpur in Sessions Case No.125 of 1990, whereby the respondents accused came to be acquitted for the offences under Sec. 307 read with Sec. 135 of Bombay Police Act , the appellant - State has preferred present appeal under Sec. 378 of the Code of Criminal Procedure, 1973 ("the Code" for short).

(2.) Brief facts of the case are that the complainant namely Bhikhaji Mulaji, R/o Chhapi, lodged a complaint with the police on 15/11/1989. According to the complaint, when he was standing in front of his home in the afternoon on that day, upon hearing the outcry near Mumans' houses at about 02:30 hours, he rushed there. He saw that his son, namely Mohan, was lying there smeared in blood. He sustained injuries in his left side, and was bleeding. Harijan Moti Nanji, R/o Majadar was lying beside him in blood-smeared condition. He sustained injuries in his private part. The complainant's son, namely Mohan, told him at that time that Muman's son stabbed him and ran away in the Mumanvas. Thereafter, Moti Dhuda and Godadji Mulaji, etc. rushed there, and took him to the hospital. Patel Dalsang Kanji sustained stone injury at that time, and subsequently, they registered the complaint with Chhapi Police Station.

(3.) In pursuance of the complaint lodged by the complainant with the Chhapi Police Station for the offence under Sec. 307 of IPC and Sec. 135 of Bombay Police Act, the investigating agency 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 JMFC concerned. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Banaskantha at Palanpur as provided under Sec. 209 of the Code.