(1.) Feeling aggrieved and dissatisfied with the judgment and order dtd. 17/2/2020 passed by the learned 2 nd Addl. Sessions Judge, Dhari in Sessions Case No.21 of 2019 for the offences under Sec. 307 and 323 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).
(2.) Briefly stated, it is the case of the prosecution that complainant Rajubhai Makwana hired land of the respondent accused for cultivation in partnership since last two months of the incident dtd. 12/1/2019. It is the case of the complainant that on 12/1/2019 at about 11:00 hrs. in the morning, the complainant had gone to the field of the respondent accused and as the respondent accused refused to give share of the crop despite demand by the complainant and as the complainant insisted for the share, the respondent accused got enraged and brought shovel (Pavdo) and inflicted blow above right ear and as the complainant fell down on the land, the respondent accused inflicted shovel blow on the right hand of the complainant and further two blows on right leg below the knee were also inflicted. After the incident, the complainant shouted for help and therefore, the respondent accused ran away from the place of incident. It is further the case of the complainant that on hearing the shouts, one unknown person, who was at Pir Baba's Dargah came there and called 108. But the complainant was taken in one diesel rickshaw of said unknown person to Government Hospital, Dhari. Thereafter, the complainant lodged the complaint with regard to the incident before Dhari Police Station, which was registered as I - C.R. No.05 of 2019 for the offences under Sec. 307 and 323 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, 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 respondent accused, charge-sheet came to be filed in the Court of learned JMFC, Dhari. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Dhari as provided under sec. 209 of the Code.