STATE OF GUJARAT Vs. MAHENDRA AND ORS.

JUDGEMENT

(1.) The State has preferred this appeal under Sec. 378(1)(3) of the Code of Criminal Procedure, 1973 ("the Code", for short) to challenge the correctness and illegality of the judgement and order of acquittal dated 16/5/2005 passed by learned Principal Sessions Judge, Court No. 1, Ahmedabad City in Sessions Case No. 147 of 2004.

(2.) The brief facts giving raise to the present appeal are that on 27/7/2002, the respondents -accused persons hired an -auto rickshaw of complainant Natwarbhai Kanjibhai Parekh to go to Chakudia Mahadev temple. Respondent No. 2 came out from the temple with prasad after offering obsession at the temple. The said prasad was offered to the de -facto complainant. Upon consumption of the prasad, the de -facto complainant became unconscious. Thereafter, both the respondents removed gold ring worth Rs. 3500/ - from the person of the de -facto complainant. The complaint, in respect of this incident, came to be lodged against the respondents by the de -facto complainant with Rakhiyal Police Station, where it was registered vide I -CR -69 of 2002. Upon completion of the investigation, the charge sheet was filed against the respondents.

(3.) The case came to be committed to the Sessions Court on 9/4/2004 by learned Metropolitan Magistrate as the offence alleged against the respondents were exclusively triable by the Court of Sessions. In the Sessions Court, the case was registered as Sessions Case No. 147 of 2004.