STATE OF GUJARAT Vs. RAJUBHAI MAGANBHAI PATEL

JUDGEMENT

(1.) This Appeal, preferred under Section 378 [1](3) of the Code of Criminal Procedure, 1973 ["CrPC" for short] by the State of Gujarat, challenges the judgment and order of acquittal dated 18th May 2005 passed by the learned Presiding Officer, Fast Track Court No. 4, Nadiad in Sessions Case No. 117 of 2002.

(2.) Brief facts of the case are -

(3.) After investigation, the Police filed chargesheet before the learned JMFC, Khambat against the accused persons viz., Rajubhai Maganbhai Patel; Bipinbhai Maganbhai Ashabhai Patel; Ashokbhai Chhaganbhai Patel; Arvindbhai Somabhai Patel; Pareshbhai Pravinbhai Patel; Arvindbhai @ Nanio Dineshbhai Patel; Piyushbhai Babubhai Patel; Jitendra Chimanbhai Patel; Bhikhabhai @ Jayantibhai Chhotabhai Patel; Urmeshbhai Kanubhai Patel; and Maganbhai Ashabhai Patel for the offence punishable under Section 143, 147, 148, 435, 436 read with Section 149 IPC and under Section 135 of the Bombay Police Act. The accused were given copies of the chargesheet papers, as per the provisions of the Gujarat Criminal Manual. Since one of the charge levelled being under Section 436 IPC, the case was committed to the Court of learned District & Sessions Judge at Nadiad and was numbered as Sessions Case No. 117 of 2002, and transferred for adjudication before the Fast Track Court.