STATE OF GUJARAT Vs. RANCHODJI BHALUJI THAKOR

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 16/10/1997 passed by the learned Sessions Judge, Banaskantha, at Palanpur in Sessions Case No.27 of 1991, whereby the respondents accused came to be acquitted for the offences under Sec. 302 read with Sec. 34 of 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 Gadh Police Station for the offence under Sec. 302 , 34 of IPC, the investigating agency recorded statements of the witnesses, drawn panchnama of scene of offence, discovery and recovery of weapons 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 Chief Judicial Magistrate, Banaskantha, at Palanpur. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Ahmedabad as provided under Sec. 209 of the Code.