STATE OF GUJARAT Vs. HANIF UDHABHAI DETHA

JUDGEMENT

(1.) Heard Mr. Bhargav Pandya, learned APP for the applicant - State.

(2.) This is an application filed by the applicant State under Sec. 378(1)(3) of the Code of Criminal Procedure challenging the judgment and order of acquittal dtd. 20/9/2022 passed by the learned Additional Sessions Judge, Devbhumi Dwarka, in Sessions Case No.09 of 2020 (Old Case No.32 of 2011) for the offences alleged punishable under Ss. 394 , 397 , 120(B) , 201 and 114 of Indian Penal Code and Sec. 135(1) of the Gujarat Police Act.

(3.) Mr. Pandya, learned APP has invited attention of this Court to the findings and reasons recorded by the learned Sessions Judge. He has submitted that initially, the complaint was registered for the offences under Sec. 394 and 114 of the Indian Penal Code and 135(1) of the Gujarat Police Act. It is the case of the prosecution that the accused No.2 was carrying wooden log and while the said accused had snatched the bag containing cash amount of Rs.4500.00, the accused No.2 had tried to inflict weapon pointing towards head of the complainant. The complainant had tried to save himself from any severe injury and had put his right hand covering his face, which had resulted into causing injury on his right hand. The accused had removed forcefully an amount of Rs.700.00 from the pocket of the complainant, whereby another blow of wooden blog was given on left hand causing severe injury. It is the case of the prosecution that while the accused were leaving the scene of offence, the complainant had tried to resist the accused. At that stage, the accused No.1 had pointed knife towards the complainant and the mobile of the complainant was returned back by the accused No.1.