STATE OF GUJARAT Vs. JAKIR

JUDGEMENT

(1.) The present Application has been preferred by the Applicant / Original Complainant - The State of Gujarat under Sec. 378(1)(3) of the Code of Criminal procedure, 1973 for grant of Leave to Appeal, challenging the judgment and order dtd. 16/2/2022 passed by the learned Special Judge (Atrocity) & 7th Additional Sessions Judge, Rajkot in Special (Atrocity) Case No. 19 of 2016, whereby the present Opponent / Original Accused No. 1 and 2 others have been acquitted of the charge for commission of offence punishable under Sec. 302 of Indian Penal Code.

(2.) Learned APP Ms. C.M.Shah appearing for the Appellant - State submitted that the learned Additional Sessions Judge has acquitted the present Respondent No.1 / Original Accused of the charge for commission of offence punishable under Sec. 302 IPC merely on the ground that there is no injury caused to the deceased on the vital part of his body. The findings recorded by the learned Additional Sessions Judge is erroneous and contrary to the evidence adduced on record. She therefore submitted to allow the present Application and grant leave to appeal to the Applicant - State to file the Appeal challenging the said judgment and order.

(3.) The Application is opposed by learned Advocate Shri O.I.Pathan appearing for the Respondent No.1 / Original Accused. It is submitted that the learned Additional Sessions Judge has rightly recorded the finding that there is no injury caused on the vital part of the body of the deceased. He further submitted that as per the case of the prosecution only single blow has been inflicted upon the deceased which indicates that there was no intention on the part of the Respondent of causing death of the deceased. He therefore submitted that no ground is made out to entertain the present Application. He therefore submitted to dismiss this Application.