STATE OF GUJARAT Vs. MUKESH HIMMATLAL RATHOD

JUDGEMENT

(1.) This appeal is filed by the appellant - State under Sec. 378(1)(3) of the Criminal procedure Code, 1973 (the Code), against the judgment and order dtd. 7/9/2009, passed by the Additional Sessions Judge, Court no.15, Ahmedabad in Sessions Case No.45 of 2007, acquitting the respondents - original accused for the offence punishable under Ss. 399, 401, 402 of the Indian Penal Code, 1860 (IPC), Sec. 135(1) of the Bombay Police Act.

(2.) The brief facts of the prosecution case are that the complainant P.S.I. Mr.J.M.Bharwad, Striking Force, Sector-2, Ahmedabad while investigating the offence committed in respect of property, received secret information from his informant to the effect that one party would pass through industrial estate, State Bank of India, Bapunagar with a huge amount and persons of Chhara Gang would loot him dashing the scooter.

(3.) After usual investigation, sufficient prima facie evidence was undefined found against the accused person/s and therefore charge-sheet was filed in the competent criminal Court. Since the offence alleged against the accused person/s was exclusively triable by the Court of Sessions, the learned Magistrate committed the case to the Sessions Court where it came to be registered as Sessions Case No.45 of 2007. The charge was framed against the accused person/s. The accused pleaded not guilty and came to be tried.