STATE OF GUJARAT Vs. PATANI JAVIDBHAI PIRBHAI MALEK

JUDGEMENT

(1.) The present appeal, under section 378 of the Code of Criminal Procedure, 1973, is directed against the judgement and order dated 10.03.2006 passed by the Presiding Officer, Veraval in Sessions Case No. 381 of 1999 whereby the accused has been acquitted of the charges leveled against him.

(2.) The brief facts of the prosecution case are that on 08.01.1999 while the complainant along with his son had gone to STD/PCO centre for making a call, one Naranbhai Ahir informed the complainant that the complainant's brother had been assaulted by someone. Therefore, the complainant and his son went to the hospital wherein the doctor on duty informed the complainant to shift his brother to another hospital. It is the case of the prosecution that while going to another hospital, the complainant inquired with his brother about the assault to which his brother informed that accused no. 1 present respondent and another unknown person had assaulted. A complaint was therefore lodged. Pursuant to the complaint, panchnama was drawn and investigation was carried out. After investigation, charge-sheet was filed and as the case was triable by the Court of Sessions, it was committed to the Court of Sessions.

(3.) Ms. Shah, learned APP appearing for the appellant-State has submitted that the trial court committed an error in releasing the respondent-accused. It was contended by Ms. Shah, that the judgement and order of the Sessions Court is against the provisions of law; the Sessions Court has not properly considered the evidence led by the prosecution and looking to the provisions of law itself it is established that the prosecution has proved the whole ingredients of the evidence against the present respondent. Learned APP has also taken this court through the oral as well as the entire documentary evidence.