STATE OF GUJARAT Vs. KRIPALSINH HARBHAMSINH JADEJA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dated 07/10/2021 passed by the learned 4TH Additional Sessions Judge, Gondal in Sessions Case No.54 of 2011 for the offences under Sections 307, 120B, 114 and 201 of the Indian Penal Code, Sections 25(1), (1-A), (1-B) and A-27 of the Arms Act and sec. 135 of the B.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 respondent accused.

(2.) Brief facts of the prosecution case are that, on 22/04/2011 at about 01:15 hours at Village - Khareda, about two months ago, there was a quarrel taken place between the father of the complainant and the accused regarding money and therefore, keeping grudge in their mind, accused persons went to the house of the complainant and knocked the door at about 01:15 hours at night. The door was opened by the complainant and he called his father outside the house, he came out and accused no.1 - present respondent No.1 fired with 'Tamancha' on his head. At that time, the father of the complainant tried to save himself and thereby he got injured on right hand. After hearing the noise of firing, other family members and neighbours came out of the house and the accused persons ran away from the incident. Thereafter, the Mitulsinh - complainant - son of the injured father (Bharatsinh) lodged complaint with regard to the incident before the Kotda- Sangani Police Station, District : Rajkot, which was registered as I - C.R. No.44 of 2011 for the offences as mentioned hereinabove.

(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 Additional Chief Judicial Magistrate, Gondal. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Gondal as provided under sec. 209 of the Code.