STATE OF GUJARAT Vs. PALTAN RAGHUVIR GAUN

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 20.12.1989 passed by the learned Additional Sessions Judge, Rajkot, in Sessions Case No. 35 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 on the day of incident i.e. on 19.5.1987 at about 7.45 a.m. when the deceased was going for his duty in the factory, viz. Dynamatic Forging India Ltd. at Aji Vasahat at Rajkot, the accused formed unlawful assembly and attacked the deceased with the help of knives, stones and other weapons. It is further alleged by the prosecution that the accused had common intention of causing death of deceased and, therefore, by forming unlawful assembly they attacked the deceased and caused him injury to which he succumbed. The complaint was filed against the accused for the offences under Sections 302, 147, 148, 149, 120 -B, 34 of I.P. Code and under Section 135 of the Bombay Police Act.

(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. 35 of 1988.