STATE OF GUJARAT Vs. ASHOK SATYANARAYAN AGRAWAL

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 10.3.2008 rendered by learned Special Judge (ACB), Court No.4, Ahmedabad in Special Case No.20 of 2005.

(2.) The short facts giving rise to the present appeal are that the respondents - accused hatched criminal conspiracy and in furtherance thereto, accused Nos.1, 2, 3, 4, 5, 7 and 8 have procured the licence of preserving arms by suppressing material facts from the office of the District Magistrate, Jammu & Kashmir. Accused No.10 was discharging his duties as Junior Clerk with the office of Police Commissioner, Ahmedabad. Deceased accused Paramjitsinh and absconding accused Jogindersinh were also members of the criminal conspiracy. Accused Nos.2 to 8 have, in assistance of accused No.1 filled up the forms for obtaining licence for holding fire arms which were entertained and after obtaining the licence from the office of the District Magistrate, Jammu & Kashmir, accused Nos.2 to 8 had purchased weapons from deceased Paramjitsinh.

(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.