BHANUBEN JESANGLAL DOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of the present application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973, the original complainant has challenged the judgment and order dated 20.03.2009 passed by learned Principal Judicial Magistrate, First Class at Kalol in Criminal Case No. 2521 of 1999, by which, the learned Principal Judicial Magistrate has acquitted the respondent accused from the charges under Sections 323, 504 and 506(2) of the Indian Penal code as well as has challenged the judgment and order dated 27.07.2012 passed by 3rd Sessions Judge, Gandhinagar, Camp at Kalol in Criminal Appeal No. 22 of 2009, by which, the appeal filed by the State of Gujarat challenging the acquittal order of the learned Magistrate, is confirmed and the appeal is dismissed by order dated 27.07.2012.

(2.) BRIEF facts emerges from the record are as under :

(3.) LEARNED Advocate Mr. N.M. Amin appearing for the respondent accused has submitted that it is concurrent finding recorded by the trial Court as well as by Appellate Court that the respondent accused was innocent and acquitted him from the charges levelled against him. He submitted that the incident ought to have taken place on 11:15 hours in the morning, however, the complaint was lodged at about 4:30 hours in the evening. The Police has sent to the complainant for treatment at Municipal Hospital with the Yadi. Similarly, with regard to history give by the accused about the incident in which the complainant does not given any name of the accused. By relying upon the depositions of the Doctor, he submitted that no injury is found on the person of the injured. He further submitted that the so called eye witnesses, it was not found a witness where the incident took place in the compound of the Nagar Palika Kalol Office.