STATE OF GUJARAT Vs. KAUSHIKBHAI ISHWARBHAI PARMAR

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order dtd. 14/10/2019 passed by the learned Additional Sessions Judge, Ankleshwar, Bharuch in Sessions Case No. 1 of 2016, whereby, the respondents accused came to be acquitted for the offence under Sec. 302, 447, 323, 114 of Indian Penal Code and under sec. 135 of 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.

(2.) Briefly stated, it is the case of the prosecution that as such the accused persons illegally entered into the complainant's farm with Discover Bike bearing No. GJ-16-BF-6234 and at that time, complainant's battery light fell on them and thereafter, the accused persons became agitated and asked why do you throw light of the battery. According to the complainant, the accused persons came with stick and all of them started giving stick blow to the victim and assaulted Ramjibhai Godhanbhai with stick blow. On account of assault, Ramjibhai succumbed to injury. Therefore, FIR came to be registered being C.R. No. I-44 of 2015 with Ankleshwar Rural Police Station for the aforesaid offences.

(3.) In pursuance of the complaint lodged by the complainant, the investigating agency recorded statements of the witnesses, drawn panchnama of scene of offence, discovery and recovery of weapons and obtained FSL report for the purpose of proving the offence. After having found sufficient material against the respondents accused, charge-sheet came to be filed in the Court of learned JMFC. As said Court lacked jurisdiction to try the offence, it committed the case to the Sessions Court, Ankleshwar as provided under sec. 209 of the Code.