BHARATBHAI DAYABHAI CHAVDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard the learned advocates for the respective parties through video conferencing.

(2.) The present application is filed under Sec. 439 of the Code of Criminal Procedure in connection with an FIR being C.R.No.I-11 of 2019 registered with 'B' Division Police Station, Morbi City, Dist. Morbi for the offences punishable under Ss. 302 , 323 , 324 , 325 , 307 , 504 , 427 , 143 , 147 , 148 and 149 of the Indian Penal Code, 1860 (for short " IPC ") and under Sec. 135 of the Gujarat Police Act, 1951.

(3.) The case of the prosecution in nutshell is that on the day of incident the first informant and her family members were beaten by the applicant and other 10 accused. It is stated that the maternal aunt of the first informant subsequently died on 9/3/2019 due to cardiac arrest and after almost 12 days of the alleged incident, Sec. 302 of IPC was added in the F.I.R.