STATE OF GUJARAT Vs. ALAMBHAI PARBATBHAI VANJARA

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 18.9.2006 rendered by learned Additional Sessions Judge, 6th Fast Track Court, Modasa (Sabalpur) in Sessions Case No.94 of 2006 whereby the learned trial Judge was pleased to acquit the respondents accused for the offence under sections 143, 435, 436 and 427 of Indian Penal Code.

(2.) The short facts giving rise to the present appeal are that on 27.1.2002 during nocturnal hours i.e. 00.30 hours, the accused formed unlawful assembly and in order to take revenge for the land dispute, set on fire the hut situated in the field and thereby committed the offence under sections 143, 435, 436 and 427 of Indian Penal Code as alleged.

(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.