UDABHAI NANABHAI BHOI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order dtd. 14/06/2019 passed in Sessions Case No. 151 of 2014 by the learned 4th Additional Sessions Judge, Nadiad whereby the learned trial Court acquitted the respondents No. 2 to 6-accused Nos. 1 to 5 for the offences punishable under Ss. 316, 307, 323, 504, 506(2) and 114 of IPC, the original complainant has preferred the captioned appeal under Sec. 372 of the Code of Criminal Procedure, 1973 ("the Code" for short). However, the learned trial Judge while acquitting the respondents No. 2 to 6 - org. accused No. 2 to 5 for the offence punishable under Sec. 324 of IPC was pleased to convict the respondent No. 2-org. Accused No. 1 for the said offence and sentenced him to undergo RI for three years with fine of Rs.2,000.00; in default, to undergo SI for two months.

(2.) Briefly stated; the case of the prosecution - org. complainant is that org. complainant was residing with his family members at Village Thasra and org. accused No. 1 was also residing in the said nearby vicinity. That on 07/02/2014, all the accused persons arrived at the place of complainant having armed with deadly weapons like Dhariya and Sticks and started abusing by saying that the house was constructed on the road and encroachment was not removed. The complainant was alone at the home and therefore ran towards field for help; where accused chased and at that time the family members of the complainant tried to save him but the accused attacked on them and one of the victim viz., Manishaben Jayeshbhai Bhoi who was pregnant at the time of incident and though the accused were very well aware about her condition, they all attacked and gave fist and kick blows. That said Manishaben alongwith other victims were given a medical treatment at Government Hospital at Thasra and on on 09/02/2014 the lady victim delivered a stillborn on account of the injuries she sustained which had caused miscarriage of her fetus. Thus, the complaint being I-CR No. 25 of 2014 for the aforesaid offences came to be registered. The offence was investigated and charge-sheet came to be filed and in the Court of learned JMFC, Nadiad. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Nadiad as provided under sec. 209 of the Code.

(3.) In order to bring home the charge, the prosecution has examined 18 prosecution witnesses and have proved various documentary evidence as described in paragraph-5 of the impugned judgment and order.