STATE OF GUJARAT Vs. FAKIR JUMA MAMAD

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 dated 06. 06. 1988 passed by the learned Additional Sessions Judge, Jamnagar, in Sessions Case No. 30 of 1986, whereby the learned Judge has acquitted the respondents accused of the charges levelled against her.

(2.) THE short facts of the prosecution case, in brief, is that on 21. 12. 1985 between 10. 30 and 11. 00 there was quarrel between the son of deceased and the son of accused. It is alleged that the son of the accused was beaten by the son of the deceased and, therefore, both the accused had gone to the house of the deceased and had caught hold of her and dragged her and threw her on the ground. The deceased was thereafter, beaten by fist and kick blows. It is alleged that at that time the witness Samina and Amina had intervened and have tried to scolded them. Thereafter the accused ran away. The deceased was removed to the hospital and was operated and on the next day she died. Thereafter the complaint was lodged against the accused for the offence punishable under Section 302, 304 r/w 34 of I. P. Code, which was registered as CR No. I-184/85 with 'a' Division Police Station, Jamnagar.

(3.) THEREAFTER, investigation was carried out, statement of witnesses were recorded and after completion of investigation the charge-sheet was submitted before the learned Judicial Magistrate, First Class, against the accused. 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. 30 of 1986.