THE STATE OF GUJARAT Vs. KALU @ OSMAN SULEMAN

JUDGEMENT

(1.) This acquittal appeal under Section 378(1)(3) of the Code of Criminal Procedure, 1973, is filed by the present appellantState of Gujarat against the judgment and order dated 20.08.2004, passed by the learned Additional Sessions Judge and Special Judge, Fast Track Court NO.9, Jamnagar, whereby the present respondentsaccused were acquitted for the offences punishable under Sections 394,397,398 and under Section 506(2) read with Section 114 of the Indian Penal Code (for short 'the IPC') in Sessions Case No. 67 of 2001 (with Sessions Case NO. 68/01, 69/01 and 149/01).

(2.) The brief facts of the case is as follows:

(3.) A complaint in respect of the aforesaid incident was lodged, necessary investigation was carried out and the accused came to be arrested. At the end of investigation, chargesheet was filed against all the accused before the trial Court. However, since it was a sessions triable offence, the case was committed to Sessions Court and ultimately trial was initiated and charge came to be framed. The accused pleaded 'not guilty' and claimed to be tried.