STATE OF GUJARAT Vs. RAMESHBHAI DHIRUBHAI VAJA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order dtd. 2/4/2021 passed by the learned 7 th Additional Sessions Judge, Bhavnagar at Mahuva in Sessions Case No.266 of 2015 (Old Sessions Case No.180 of 2014), whereby, the respondents accused came to be acquitted from the charge of the offence under Sec. 307, 326, 324, 323, 143, 147, 148, 149 of Indian Penal Code (hereinafter referred as "IPC" for short) and sec. 135 of G.P.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.) Briefly stated, it is the case of the prosecution that on 8/3/2014 at about 22.00 hours, one Mr. Bharatbhai Laxmanji who is visitor of Bagdana Guru Ashram Mandir had consumed liquor and accordingly, he was misbehaving at the main gate of Guru Ashram. Said Mr. Bharatbhai was scolded by prosecution witness - Shri Harvijaysinh and he further informed said Shri Bharatbhai to leave main gate of Guru Ashram Mandir along with his wife Ms. Ramilaben. Therefore, all the accused persons as well as absconding accused Shri Haresh @ Hariyo formed unlawful assembly and with iron pipe and other weapon caused injury to the prosecution witnesses viz. Shri Nareshbhai, Shri Ashokbhai, Shri Kiranbhai and Shri Harvijaysinh Parmar. It is the case of the prosecution that all the accused persons assaulted by giving kick and fist blows to the complainant and other witnesses and thus caused severe injury. It is also alleged that all the accused with clear intention to cause death of the complainant and prosecution witnesses, formed unlawful assembly and assaulted upon the complainant and thus committed aforesaid offence. Therefore, the complainant lodged complaint with regard to the incident before the Bagdana Police Station which was registered as C.R.No.I-5 of 2014 for the aforesaid offence.

(3.) In pursuance of the complaint lodged by the complainant, investigating agency recorded statements of the witnesses, collected relevant documentary evidence and drawn various panchnama for the purpose of proving the offence. After having found material against the respondents accused, charge-sheet came to be filed in the Court of learned JMFC, Mahuva. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Bhavnagar at Mahuva as provided under sec. 209 of the Code.