STATE OF GUJARAT Vs. KARAN DEVDASBHAI CHANDARANA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order dtd. 16/9/2021 passed by the learned Additional Sessions Judge, Porbandar in Sessions Case No.6 of 2013, whereby, the respondents accused came to be acquitted for the offence under Sec. 307, 324, 504, 120(B) 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 complainant came to know that respondents accused had beaten the relative of complainant and he was admitted in hospital. Therefore, on 6/8/2012 at about 00.30 hours, while the complainant was going to see his relatives in hospital, at that time, respondents met him on motor cycle and asked him to stop and while he was discussing about incident, the respondents accused got excited and gave filthy abuses and with clear intention to cause death of complainant, inflicted knife blows on stomach, chest, left hand and on head and thereby caused fatal injuries. It is also alleged that accused in continuation of earlier enmity, committed criminal conspiracy at the house of accused no.1 and with help of each other attempted to cause death of the complainant. Therefore, FIR came to be registered being C.R.No.I-39 of 2012 with Udhyognagar 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, Porbander as provided under sec. 209 of the Code.