VIJAYSINH MOHANSINH GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal is filed by the original victim as per sec. 372 of the Code of Criminal Procedure wherein the appellant - original victim has challenged the impugned judgement and order dtd. 7/9/2017 passed by the learned Sessions Judge, Narmada in Sessions Case No.17 of 2016 whereby the private respondent is convicted for lesser offence under sec. 325 of the Indian Penal Code in place of 307 of Indian Penal Code for which the applicant was charged.

(2.) Initially, the victim had filed appeal, but during the pendency of the proceedings, the original victim has expired and he has been represented by his brother, who is the only heir of the deceased victim and as per order of this Court dtd. 25/4/2022, he has been replaced by his brother, who shall be appellant in this case.

(3.) Brief facts of the case are as under :-