ODHABHAI DAHYABHAI MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dtd. 10/1/2020 passed by the learned Principal Judge, Bhavnagar in Sessions Case No.107 of 2016, whereby the accused - private opponents herein viz. Shri Bhikhabhai Savjibhai Makwana and Shri Hirabhai Savjibhai Makwana came to be acquitted from the charge of the offences punishable u/s 302, 323, 504 of the IPC and under sec. 135 of B.P.Act, the appellant - original complainant has preferred present criminal appeal u/s 372 of the Code of Criminal Procedure, 1973 (for short "the Code").

(2.) Briefly stated, the complainant - Shri Odhabhai Dahyabhai Makwana registered complaint with Shihor Police Station on 25/4/2016 being C.R.No.I-39 of 2016 inter-alia stating that dinner was arranged on 24/4/2016 at about 8.30 night on account of religious function and after completion of dinner, all went to sleep. At mid night at about 1.30 am on 25/4/2016, the private opponents and other co-accused came to the house of the appellant - complainant and started quarrel with regard to power being on from temple connection near the residence of the appellant and beaten the appellant - complainant and his cousin Shri Ghanshyam. It is alleged that during this fight, accused persons gave Dhariya blow to the cousin of the appellant and during treatment he died.

(3.) Pursuant to the FIR lodged by the complainant, investigating agency recorded statements of the prosecution witnesses, drawn panchanama and collected relevant expert evidence for the purpose of proving the offence. After having found sufficient material against the private opponents herein and other co-accused for the aforesaid offence, charge-sheet came to be filed in the Court of learned JMFC, Shihor. Since the case was exclusively triable by Sessions Court, learned JMFC, Sihor committed the case to the Sessions Court as provided under sec. 209 of the Code.