ASHWINBHAI CHANDUBHAI MENIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This Revision challenges judgment and order passed in Criminal Appeal No.107 of 2018, whereby, learned Additional Sessions Judge, Bhavnagar has confirmed the judgment and order recorded by the learned JMFC, Valbhipur to acquit accused for the offences under Sec. 323, 324, 326, 504, 114 of IPC and Sec. 135 of GP Act.

(2.) Fact of the case are as under :-

(3.) Trial was conducted by the learned JMFC. After framing charge and leading evidence, plea was recorded by the learned Trial Court, whereby, accused pleaded not guilty. Trial was put for the evidence of prosecution. In order to establish charge against the accused, prosecution has examined as many as 10 witness precisely Exh.34, 66,80, 81, 91, 93, 95, 96, 101 and 103, out of which, Exh. 34, 66 and 91 are deposition of persons who are alleged to have received injury, rest of them are panchas or other witnesses. In total 9 documentary evidence were produced on record vide Exh.35, 94, 97, 102, 104 to 108. Further statement of the accused was recorded and after hearing both the sides, learned Trial Court believed that petitioner has failed to establish charge against the accused beyond reasonable doubt and therefore, acquitted accused. State has not preferred appeal against order of acquittal. But the complainant under Sec. 372 of Cr.P.C. preferred appeal and appeal was registered before the learned Sessions Judge, Bhavnagar. The appeal is heard thoroughly and ultimately, learned Sessions Judge did not find any merit in appeal and while confirming the order passed by the learned Trial Court, the appeal was dismissed.