STATE OF GUJARAT Vs. THAKOR GOPALJI CHHANAJI

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dated 23/08/2021 passed by the learned 4 th Additional Sessions Judge, Mehesana at Visnagar in Sessions Case No.15 of 2019, whereby, the respondents accused came to be acquitted for the offence under sections 395, 397, 323, 504, 506(2) of Indian Penal Code (hereinafter referred as "IPC" for short) and under section 135 of G.P.Act, the applicant - State of Gujarat has preferred this application to grant leave to appeal as provided under section 378(1)(3) of the Code of Criminal Procedure, 1973 ("the Code" for short).

(2.) Briefly stated, the complainant - Shri Thakor Mathurji Anarji registered a complaint with Vadnagar Police Station as I-C.R.No.65 of 2018 for the aforesaid offence inter-alia alleging that on 27.07.2018, the complainant's son and son of accused no.2 had quarrel for the matter of going way to Ambaji Temple. Thereafter, on 30.07.2018, the complainant's son - Shri Sanjaybhai called the complainant saying that respondents would come for settlement talk at his shop and therefore, the complainant returned back and came at shop where, respondent no.1 and 2 inflicted bat blows on the body of the complainant and other accused had also beaten complainant and other witnesses. It is further alleged that jewelry was grabbed / roped and with the help of each other, they committed offence. Complainant and injured - witnesses were admitted in Vadnagar Civil Hospital. Pursuant to complaint, the police authorities investigated the offence and during the course of investigation, statement of various witnesses were recorded, panchnama of place of offence and other recovery / discovery panchnama of weapons were drawn and necessary medical evidence and other relevant documents were collected. After having found sufficient material against the respondent accused, the investigating agency submitted charge-sheet before learned JMFC, Vadnagar. Since the case was exclusively triable by learned Sessions Court, the learned JMFC, Vadnagar committed the case to the Sessions Court as provided under section 209 of the Code.

(3.) Upon committal of the case to the Sessions Court, learned Sessions Judge framed charge against the respondents accused at Exh.7 for the aforesaid offences. All the respondents accused pleaded not guilty and claimed trial.