STATE OF GUJARAT Vs. RATNIYABHAI NEVSINGBHAI RATHVA

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the judgment and order of acquittal dtd. 22/9/2021 passed by the learned Sessions Judge, Chhota Udepur in Sessions Case No.26 of 2016 for the offences under Ss. 143, 147, 148, 149, 307, 323, 325, 504 and 506(2) of the Indian Penal Code, 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 ("the Code" for short) inter alia challenging the judgment and order of acquittal in favour of the respondent accused.

(2.) The case of the prosecution is that, on 12/12/2015 at about 16:00 hours, when the complainant, along with other five persons who are the neighbourers, were standing at the bus stop of Village : Rodadha and were waiting for the luxury bus coming from Vadodara to go for pilgrimage, at that time, original accused Nos. 3, 9 and 10, resident of Barel Faliya, Village : Rodadha, came and attacked on the complainant, by keeping grudge about the voting in the election. Accused No.10 - Kangaliyabhai was armed with an iron pipe. Accused No.9 - Nevsingbhai caught the complainant and accused No.10 has given pipe blow on the back and Thigh of the complainant, where as accused No.3 has given fist blows to the complainant. Due to such scuffle and shouting, all the three accused ran away from the place of offence. While leaving the place of offence, they have threatened the complainant that they will kill him. The persons who were standing with the complainant were already left the place due to the said scuffle. Thereafter, when the accused had run away from the place of offence, the other persons who were standing with the complainant, came back and called the ambulance and the complainant was shifted to Keshar Hospital, Chhota Udepur, where he was treated. The complainant has given complaint before ASI from the hospital on 13/12/2015 at about 11:15 hours with regard to the incident. The same was registered before Panvad Police Station as II-C.R. No.18 of 2015 for the offences under Ss. 143, 147, 148, 149, 307, 323, 325, 504 and 506(2) of the Indian Penal Code.

(3.) In pursuance of the complaint lodged by the complainant, investigating agency recorded statements of the witnesses, collected relevant evidence in form of medical evidence and drawn various Panchnamas and other relevant evidence for the purpose of proving the offence. After having found material against the respondent accused, charge-sheet came to be filed in the Court of learned JMFC, Kawant. As said Court lacks jurisdiction to try the offence, it committed the case to the Sessions Court, Chhota Udepur as provided under sec. 209 of the Code.