STATE OF GUJARAT Vs. RAMESHBHAI R PARMAR

JUDGEMENT

(1.) By way of this appeal, the appellant - State has challenged the judgment and order of Additional Sessions Judge, Banaskantha at Palanpur (for short the "trial court") , dated 16.10.1993 rendered in Sessions Case No.90 of 1992, whereby the learned trial judge acquitted the original accused - the respondent herein of the charges for the offence punishable under section 302 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC") and Section 135 of the Bombay Police Act.

(2.) The brief facts of the prosecution case are that on 03.04.1992, at about 08.30 p.m., the respondent - accused murdered his wife, deceased Manjulaben, by inflicting blows by dagger. The prosecution was set in motion by the complaint lodged by the accused himself on 03.04.199 As per his complaint, the accused himself had killed his wife on 03.04.199 The accused had murdered his wife on having suspicion about illicit relationship with one Mr. Haresh Jethalal Parmar.

(3.) After completion of the investigation, a chargesheet was filed before Magistrate Court. As the case was exclusively triable by the Court of Sessions, the Magistrate Court under section 209 of the Code of Criminal Procedure, 1973 (herein after referred to as the "Cr.P.C") committed the said case to the Court of Additional Sessions Judge, Banaskantha at Palanpur, which was, thereafter, numbered as Sessions Case No.90 of 1992. Since the respondent accused did not plead guilty and claimed to be tried, he was tried for the alleged offence.