STATE OF GUJARAT Vs. MANOJ RAJKUMAR GUPTA

JUDGEMENT

(1.) THIS is an appeal by the State assailing the judgment and order of the learned Additional Sessions Judge, Fast Track Court, Surat, Dated : 26.03.2010, rendered in Sessions Case No. 253 of 2007, whereby, the original accused -opponent, herein, was convicted for the offence under Section 307 of the IPC and was sentenced to undergo imprisonment for two years seven months and fifteen days and to pay fine of Rs.1000/ -and in default to undergo further imprisonment for fifteen days.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, reads as under;

(3.) A complaint came to be lodged by one Manoj Gulabrao Patil, who was serving as Unarmed Police Constable in Task Force, Surat, before PSI, Umra Police Station, wherein, he stated that on 12.08.2007, Ramvirsingh Yadav, who was serving as Head Constable, received an information that the opponent, herein, was coming to deliver a huge quantity of narcotics substance, and hence, after drawing a preliminary panchnama in the presence of panchas, they went to the place of offence in private vehicles to conduct a raid. At the place of offence while the police party was in watch, as per the information received, certain persons came on motorcycle, whereas, the opponent, herein, came in a Santro car and while the exchange of the contraband was being made, police carried out the raid. Police succeeded in arresting the accused, who had come on motorcycle. However, the opponent, herein, drove his Santro car in rash and negligent manner and in full speed and tried to flee and when the complainant chased and tried to stop the opponent on a motorcycle, he give a dash to the motorcycle of the complainant and on account of that the complainant fell down and sustained severe injuries. The opponent was, then, arrested by the other police personnel. On registration of the complaint, police carried out investigation into the alleged offence and on finding prima facie evidence, laid charge -sheet against the opponent before the Court of the Ld. JMFC, Surat. However, since, the case was exclusively triable by a Court of Sessions, same was transferred to the Sessions Court, Surat.