STATE OF GUJARAT Vs. KARTIK MITESHKUMAR PANDYA

JUDGEMENT

(1.) The present Appeal is preferred by the State being aggrieved and dissatisfied with the judgment and order dtd. 24/3/2021 passed by the 2nd Additional Sessions Judge, Kalol in Sessions Case No. 39 of 2019, whereby the respondent - accused came to be acquited for the offences punishable under sec. 307 and 303 of the Indian Penal Code (hereinafter referred as ' IPC ' for short) read with sec. 135 of the Gujarat Police Act. The applicant - State of Gujarat has preferred this application to grant leave to appeal as provided under sec. 378(1)(3) of the Code of Criminal Procedure, 1973 ( 'the Code' for short).

(2.) The factual matrix of the present matter is as under:

(3.) Ms. Chetna Shah, learned APP has vehemently argued that the learned Sessions Court has committed grave error in acquitting the accused without asking for the evidence of the injured. She has also submitted that every witnesses turned hostile in the present matter except the Investigating Officer - Mr. Mulrajsinh Ranjitsinh Vaghela at Exh. 24, the Medical Officer - Dr. Rajatbhai Keshavlal Engineer at Exh. 12 and another Medical Officer - Dr. Nitinbhai Mulchandbhai Parmar at Exh. 21 who have supported the case of the prosecution. However, the learned trial Court has not believed them and therefore has committed grave error by acquitting the respondent - accused. Ms. Shah, learned APP has further submitted that the injured person has received injury on hand and therefore tried to attribute the intention and knowledge to the accused and therefore according to her since it is clearly established that the offence is made out under Sec. 307 and 323 of IPC, the learned Sessions Court has committed grave error in acquitting the accused person.