STATE OF GUJARAT Vs. FATESINH @ KANU MAFABHAI CHAUHAN

JUDGEMENT

(1.) By Way Of This Appeal, The Appellantstate Of Gujarat Has challenged the judgment and order dated 12.08.2015, passed by the rd Additional Sessions Judge, Vadodara, in Sessions Case No.206 of 2014, whereby the trial Court has acquitted the respondent hereinoriginal accused for the offence punishable under Section 302 of the Indian Penal Code (for short "the I.P. Code") by granting him benefit of doubt.

(2.) The Case Of The Prosecution Are That A Complaint Was Filed by the complainantManojbhai Jayantibhai Padhiyarbrother of the deceased, inter alia alleging that on 18.03.2014 at about 8:30 pm. an altercation took place between the original accused and the deceasedFatesinh Jayantibhai Padhiyar regarding parking of the bike. It is also alleged in the complaint that original accused beaten Fatesinh Jayantibhai Padhiyar with fist blow and throttled his neck. As a result of which, the deceased died.

(3.) The investigation was taken up and after usual investigation, chargesheet came to be filed against the accused. The offence committed by the accused were exclusively triable by the Court of Sessions. Therefore, the learned Magistrate committed the case to the Sessions Court at Surat, under Section 209 of the Code of Criminal Procedure, 1973, where it was registered as Sessions case No.206 of 2013. Charge vide Exhibit4 came to be framed against the accused. He pleaded not guilty and claimed to be tried.