LAWS(GJH)-2023-2-2105

STATE OF GUJARAT Vs. HARIJAN DEVSI NATHU

Decided On February 08, 2023
STATE OF GUJARAT Appellant
V/S
Harijan Devsi Nathu Respondents

JUDGEMENT

(1.) Feeling aggrieved by and dissatisfied with the judgment and order of acquittal dtd. 25/9/1998 passed by the learned Additional Session Judge, Jamnagar in Sessions Case No.144 of 1995, whereby the accused - respondents herein came to be acquitted from the charge of the offences punishable under Ss. 302, 307, 147, 148, 149 etc the Indian Penal Code (for short "the IPC") and under Sec. 135 of Bombay Police Act, the appellant - State of Gujarat has preferred present criminal appeal u/s 378 of the Code of Criminal Procedure, 1973 (for short "the Code").

(2.) Briefly stated, the complainant - Kanjibhai Devabhai Sadiya registered complaint with City "B" Division Police Station, Jamnagar on 3/9/1995 being C.R.No.I-28/1995 inter-alia stating that on 2/9/1995 the complainant went to his field at about 2.30 p.m. and one Devshi Nathu had tied bullocks near the field of the complainant and since the complainant stated not to tie the bullocks near his filed, thereupon, the accused stated that do whatever he can do. On 3/5/1995 at about 6.00 p.m., the accused persons came to the house of the complainant and used filthy language and the quarrel took place between them. It is alleged that during this fight, accused gave knife and stick blow to the complainant and the complainant, his father and one Pujabhai sustained serious injuries injuries.

(3.) Pursuant to the FIR lodged by the complainant, investigating agency recorded statements of the prosecution witnesses, drawn panchanama and collected relevant expert evidence for the purpose of proving the offence. After having found sufficient material against the respondents herein and for the aforesaid offence, charge-sheet came to be filed in the Court of learned JMFC, Jam Jodhpur. Since the case was exclusively triable by Sessions Court, learned JMFC, Jam Jodhpur committed the case to the Sessions Court as provided under Sec. 209 of the Code.