RAJESHBHAI MANSUKHBHAI CHAUDHARY Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present criminal appeal is directed against judgment and order dtd. 28/4/2021 passed by the learned Sessions Judge, Sabarkantha @ Himmatnagar in Sessions Case No.3 of 2018, wherein the learned Sessions Judge was please to acquit the respondents accused Nos.2 to 5 from the offences punishable u/ s 307, 337, 506(2) and 114 of the IPC and u/s 135 of the G.P. Act.

(2.) It is pertinent to note that the appeal against respondent Nos.3 and 5 stands dismissed as per order dtd. 13/7/2022 and the submissions are heard for the admission of appeal qua respondent Nos.2 and 5. It is pertinent to note that the respondent State has not filed any appeal against the order of acquittal.

(3.) The brief facts of the case of the prosecution are that on 8/7/2013, the complainant after meeting his elder brother was returning back from his brother's house on his motorcycle and at about 9:00 hrs in the night, when he was passing through the bridge over the river and was climbing slope, one Tata Sumo car intercepted him and four persons got down from the car, who were identified as respondent Nos.2 to 5, wherein the respondent No.2 was holding spear, respondent No.4 was holding sword and respondent No.5 was with stone in his hand. The complainant was assaulted by respondent No.4 by the stone on her head, respondent No.1 has inflicted spear on his abdomen and therefore, the complainant jumped over in the river and at that time, respondent Nos.3 and 5 were pelting stones on him and for which, he has suffered injuries on his thigh. All the four persons threatened him and as one vehicle was coming on the bridge, all the four accused persons ran away. As the complainant was injured on his forehead, he called his son Mayurbhai and his cousin brother Girishbhai and all of them went to Himmatnagar Civil Hospital, where the complainant was admitted for treatment and thereafter, the complaint was filed.