RANJANBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present petitioner original complainant has filed this revision application against the judgment and order dated 12.8.2005 passed by the learned Judicial Magistrate, First Class, Idar below Exh.190 in Criminal Case No.1227 of 1993 and Criminal Case No.433 of 1996. THE learned Magistrate has acquitted all the accused persons for the offence punishable under Sections 147, 148, 149, 323, 324, 504, 506(2), 114, 394 of Indian Penal Code read with Section 135 of the Bombay Police Act.

(2.) LEARNED advocate Ms.Sneha Joshi for the petitioner has taken this Court through the judgment of the trial court. It is observed by the trial court that though the complainant had received injuries, the medical officer was not examined and the injury certificate of the complainant is not placed on the record of the case. The said findings are totally contrary to the evidence on record. Dr.Bhupendra Manilal Shah was examined as prosecution witness No.15. He has deposed that, on 20.3.1993 when he was on duty, the complainant Ranjanben Karsanbhai Patel at about 1:20 p.m. (at noon) had come to his hospital without police yadi. According to this witness, Ranjanben gave history of assault and she received injuries on neck and left thigh. It is also stated on oath by Dr.Bhupendra Shah that the injuries were caused by sharp cutting weapon. The certificate is also produced at Exh.16. The deposition of injured complainant is totally corroborated with the evidence of Dr.Bhupendra Manilal Shah. Along with the documentary evidence, the medical certificate Exh.16 prima facie shows that the trial court has, without perusing the record, held that the prosecution has not examined the medical officer and not produced the injury certificate, and therefore, it is submitted that a gross error is committed by the trial court.

(3.) IT is clarified that the trial court is not required to record the evidence afresh but is required to verify the record and see that the evidence produced on the record are taken into consideration in its true perspective, after discussing the evidence in detail and thereafter give finding on appreciation of the evidence on record and after giving opportunity of hearing to the respective parties. The trial court is further directed to decide the case in accordance with law and on its own merits, without being influenced by the observations made by this Court in this order or without being influenced by the order passed by this Court today.