STATE OF GUJARAT Vs. ISMAIL @ BHURIYO HASAM DHUDHA

JUDGEMENT

(1.) The appellant State of Gujarat has preferred the present appeal under section 378(1) (3) of the Code of Criminal Procedure, 1973 against the judgment and order of acquittal dated 1.6.2007 rendered by learned Additional Sessions Judge and Fast Track Judge, Junagadh in Sessions Case No.79 of 2006.

(2.) The short facts giving rise to the present appeal are that on 9.11.2004 at about 8.00 in the morning, complainant Narendrabhai Naranbhai Kakkad was passing towards Sandha village on his motorcycle with Rs.1,03,000/ - in his purse, at that time, accused persons came from back side of the complainant on motorcycle at the turn of road of village Sutej, by asking him above road leading to village Sarsali, they stopped his vehicle by force. It is alleged that the accused persons who were armed with knife , with their common intention to commit loot attacked on the complainant and looted money from his purse and thereafter, the accused persons run away. Hence, the complaint came to be lodged against the respondents accused.

(3.) In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the respondents accused. The charge was framed against the accused. The accused pleaded not guilty to the charge and claimed to be tried.