STATE OF GUJARAT Vs. BHIL GUNVANTLAL KANTILAL

JUDGEMENT

(1.) The appeal filed by the State under Sec. 378 of the Code of Criminal Procedure, 1973 (Cr.P.C.) gives a challenge to the judgment dtd. 6/7/2000 passed by the learned Additional Sessions Judge, Mehsana, Camp Patan in Sessions Case no.226 of 1999. The FIR came to be filed with Siddhpur Police Station bearing CR no.I-53/1999 under Sec. 307 of the Indian Penal Code, 1860 (IPC) and Sec. 135 of the Bombay Police Act, 1951.

(2.) The charge-sheet was filed on 6/7/1999 before the learned JMFC, Siddhpur, but since the power to proceed with the trial under Sec. 307 of IPC is with the Sessions Court, on 3/8/1999, the matter came to be committed before the learned Sessions Judge, Mehsana.

(3.) The accused came to be arrested on 10/4/1999. The charge against the accused was framed on 24/4/2000. During the trial, the prosecution examined about 14 witnesses. The learned Trial Court Judge, after hearing both the sides and appreciating the evidence on record, acquitted the accused finding him innocent.