STATE OF GUJARAT Vs. CHARMISH GOVINDBHAI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order dtd. 1/1/2020 passed by the learned 5th Addl. Sessions Judge, Vadodara in Sessions Case No. 70 of 2015 for the offences under Sec. 307, 326, 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.) Briefly stated, it is the case of the prosecution that on 26/9/2014, at about 4:15 hrs., the complainant received telephonic message that while son of the complainant was going on his motorcycle and passing through M.G. Road, near Ambe Mata Temple, Vadodara city, he has received injuries on head and he is admitted in hospital at Panigate. Therefore, the complainant along with members of his moholla had gone at the place of incident and from there, they had gone at Siddiki Hospital, near Panigate three Rasta and seen that son of the complainant was severely injured on head and blood was flowing and he was not able to speak and found unconscious. Therefore, preliminary treatment was given and referred to Wins Hospital for better treatment. Upon inquiry from the shops situated near the place of incident, the complainant came to know that his son is beaten by present respondent No. 1 and two to three other persons and thereby caused injuries. Thereafter, the complainant lodged the complaint with regard to the incident before Vadodara City Police Station, which was registered as I-C.R. No. 227 of 2014 for the offences under Sec. 307, 326, 114 of IPC and also u/s. 135 of the G.P. Act.

(3.) In pursuance of the complaint lodged by the complainant, investigating agency recorded statements of the witnesses, drawn various Panchnamas and other relevant evidence and recovered muddamal 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, Vadodara. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Vadodara as provided under sec. 209 of the Code.