STATE OF GUJARAT Vs. KOLI GORDHAN MOHAN

JUDGEMENT

(1.) THE appellant - State of Gujarat has preferred this Appeal under Section 378 of the Code of Criminal Procedure against the Judgment and order of acquittal dated 30.11.1988 passed by the learned Additional Sessions Judge, Surendranagar, in Sessions Case No. 05 of 1988, whereby the learned Judge has acquitted the respondents - accused of the charges levelled against them.

(2.) THE short facts of the prosecution case is that the respondents - accused were working in relief work at Sumera lake in the sim of village Kidi in Dhragandhra Taluka of District Surendranagar. It is alleged that there was some sort of quarrel between the accused persons on one hand and the complainant side on the other and due to the said rivalry the police protection was also provided in the village. It is alleged that on 20.9.1987 at 9.00 A.M. the prosecution witnesses came there for settlement of their dispute. At that time the accused took up their guns and fired at the witnesses and as a result of which the witnesses sustained serious injuries and died. Other persons also sustained serious injuries. It is alleged that the accused had formed unlawful assembly with a common object to cause murder of Ghela Punja and Guga Veral and also attempted to commit murder of prosecution witnesses. Thereafter the complaint was lodged before the Police against the accused. The offence was registered against the accused.

(3.) THEREAFTER , investigation was carried out and on conclusion of investigation, on the basis of material collected against the respondents - accused, since the Investigating Officer found prima facie case against the respondents - accused, he filed charge sheet before the Court of learned Magistrate. As the offences were absolutely triable by a Court of Sessions, the learned Magistrate, has committed the said case to the Court of Sessions, which was registered as Sessions Case No. 05 of 1988.