STATE OF GUJARAT Vs. LUHAR MAHENDRA HARJIVAN

JUDGEMENT

(1.) This appeal arises out of a judgment and order dated 14/11/1984, passed by the learned Additional Sessions Judge, Rajkot, in Sessions Case No. 34 of 1984, acquitting the respondent of charges of robbery, murder and receiving stolen property.

(2.) The facts of the case which led to the present litigation are that, during the night between 9/06/1984 and 10/06/1984, watchman-Ukabhai Mavjibhai of Hira Panna Textiles, situated in Govindbaug area of Rajkot city, was found to be dead in the early morning hours of 10/06/1984 when his wife went to serve him a cup of tea. The deceased was found to be lying on the terrace of the factory in an injured condition. She, therefore, rushed to her home and informed her son about the incident. Thereafter, her son immediately, informed the owner of Hira Panna Textiles. On his arrival, it was also found that a steel cupboard in the office of the factory was broken open and approximately Rs. 2,200.00 were stolen therefrom. It was later noticed that a brief-case of Aristocrat brand, black in colour, which was normally kept by the owner of the factory beside the cupboard was also missing. The son of the deceased, therefore, lodged a First Information Report before the Rajkot police and the police, after registering the offence at C. R. No. I-179 of 1984, started with the investigation.

(3.) The learned Magistrate committed the matter to the Court of Sessions at Rajkot as the offences with which the accused was charged were triable by the Court of Sessions. The learned Sessions Judge, in turn, transferred the case to the learned Additional Sessions Judge under Sec. 209 of the Code of Criminal Procedure and the learned Additional Sessions Judge, initially, framed charge against the accused at Ex. 1 on 5/10/1984, but later on amended the charge and reframed the same on 16/10/1984 vide Ex. 7. The accused pleaded not guilty and expressed his desire to face the trial.