STATE OF GUJARAT Vs. NADIYABHAI HIRABHAI VASAVA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order dtd. 27/7/2022 passed by the learned 2 nd Addl. Sessions Judge, Surat in Sessions Case No.227 of 2017 for the offences under Sec. 307, 323, 325, 326, 504, 506(2), 114 of IPC and also u/s 135 of the 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) inter alia challenging the judgment and order of acquittal in favour of the respondents accused.

(2.) The prosecution case in brief is that on 19/8/2016, at about 11:00 a.m., the accused persons came to the farm of the complainant with weapons and said that even though, you are not allowed to plough the field, why do you often come to the field and plough the field. Thereafter, the accused No.3 inflicted stick blow on the head of witness Naranbhai, the accused No.4 inflicted stick blow on the hand of witness Naranbhai and accused Nos.1 and 2 had beaten witness Naranbhai. When the complainant and his father tried to intervene, the accused persons also inflicted stick blows on the complainant and his father. Thereafter, the complainant lodged the complaint with regard to the incident before Umarpada Police Station, which was registered as I - C.R. No.23 of 2016 for the offences under Sec. 307, 323, 325, 326, 504, 506(2), 114 of IPC.

(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, Umarpada. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Surat as provided under sec. 209 of the Code.