STATE OF GUJARAT Vs. ARJANBHAI MANGABHAI MAKWANA

JUDGEMENT

(1.) THE present appeal, u/s. 378 of the Code of Criminal Procedure, 1973 is directed against the judgment and order dated 15th October 2008, passed by the learned Additional Sessions Judge, Fast Track Court No. 2, Veraval Camp at Una in the Sessions Case No. 36 of 2006, whereby, the accused was acquitted of the charge leveled against him.

(2.) THE brief facts of the prosecution case is as under: that during the period of 27th January 2006 at 22. 00 hrs. to 1st February at 16. 15 hrs. at any time, accused with the help of co-accused minor Maheshbhai Balubhai Vadher on bank of river Rupen, killed one Rudiben W/o. Virabhai Punabhai and to remove evidence, dead body was lashed with stone and thrown into the river. Therefore, complaint was given by mother of deceased Sonaben W/o. Bhimabhai Koli before the Una Police Station being CR No. I. 24/2006 for the offences punishable u/ss. 302, 201, 114 of the Indian Penal Code. After completion of the investigation, charge-sheet was filed against the accused before the Judicial Magistrate First Class, Una. However, as the case was exclusively triable by the Sessions Court, the learned Judicial Magistrate First Class, Una committed the said case to the Court of Sessions u/s. 209 of the Code of Criminal Procedure. The charge was framed against the accused for the offences punishable u/s. 302, 201, 114 of the Indian Penal Code. The accused was not pleaded guilty to the charges and claimed to be tried.

(3.) BEING aggrieved by and dissatisfied with the aforesaid judgment and order passed by the Sessions Court, the appellant State has preferred the present appeal.