STATE OF GUJARAT Vs. RAJPUT DALA SAVA

JUDGEMENT

(1.) By this appeal under section 378 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), the appellant - State of Gujarat has challenged the judgment and order of acquittal dated 22nd March, 1991 passed by the learned Sessions Judge, Banaskantha at Palanpur in Sessions Case No.48 of 1990.

(2.) A first information report came to be lodged by one Hamiraji Dhudaji Rajput declaring that he was a resident of village Karbun, taluka Tharad and was engaged in the business of agriculture. He had three sons and three daughters. His eldest son was Jivo, younger to him was Prago and his youngest son was Hira. He had an agricultural land in the outskirts of their village which was known as Fafriwala field. His son Jivo, Prago, daughter Okhi and Jiva's wife Aju were residing in another agricultural field called Dhorawala field.

(3.) Upon the first information being lodged it came to be registered as Tharad Police Station I C.R. No.77/89 for the offences punishable under sections 147, 148, 149 and 302 of the Indian Penal Code and section 135 of the Bombay Police Act. After the registration of the first information report, the Investigating Officer took charge of the investigation and upon culmination of the investigation, a charge-sheet came to be submitted in the court of the concerned Magistrate, who committed the case to the Court of Sessions at Palanpur, where it came to be registered as Sessions Case No.48 of 1990.