STATE OF GUJARAT Vs. MANUBHAI AMRABHAI BORICHA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dated 22/07/2021 passed by the learned 5 th Additional Sessions Judge, Bhavnagar in Sessions Case No.37 of 2013 for the offences under sections 323, 324, 394, 504 and 506(2) and 114 of IPC and under Section 135 of GP Act, the applicant - State of Gujarat has preferred this application to grant leave to appeal as provided under section 378(1)(3) of the Code of Criminal Procedure, 1973 ("the Code" for short) inter alia challenging the judgment and order of acquittal in favour of the respondents-original accused No.2 to 4.

(2.) Briefly stated the case of the prosecution is that prior to the incident dated 10/10/2012 took place between 18:00 to 18:45 hours at Village Sandodar, the respondents and deceased-accused No.1-Amrabhai have filed the criminal case against the complainant herein under the provisions of the SC and ST Act and therefore, due to the said enmity between them and in continuation of the enmity, while the present complainant and PW 7-Ranjitsinh Chhatrasinh Gohil were passing through road near house of accused No.1-Amrabhai, he was detained by accused persons in abatement of each other and gave filthy abuses as well as extended threat to the complainant and PW 7 not to pass through this road and while complainant and PW 7 asked accused persons not to give filthy abuses, accused No.2 to 4 caught hold of the complainant and accused No.1 inflicted sword on the complainant's forehead and accused No.2 caused injury with Dhoka on the left hand of PW 7 and accused Nos.2 to 4 also gave kick and fist blows to the complainant and PW 7. It is further the case of the prosecution that accused No.1 took out cash of Rs.7,000/- from the pocket of complainant and thereby committed offence of robbery and also extended threat to cause death of complainant and thus the complaint came to be lodged against the respondents-accused for the aforesaid offences including the deceased accused No.1-Amrabhai. Pursuant to the aforesaid complaint, PSI, A-Division Police Station, Bhavnagar registered the offence being CR No.I-83 of 2012 for the offences under sections 323, 324, 394, 504 and 506(2) and 114 of IPC and under Section 135 of GP Act.

(3.) In pursuance of the complaint lodged by the complainant, investigating agency recorded statements of the witnesses, collected relevant evidence in form of medical evidence and drawn various Panchnamas and other relevant evidence 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, Ghogha. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Bhavnagar as provided under section 209 of the Code.