STATE OF GUJARAT Vs. MODHSINH KUVARSINH VAGHELA

JUDGEMENT

(1.) The present revision application is filed by the applicant - State under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") challenging the judgment and order dtd. 22/6/2017 passed in Criminal Appeal No.54 of 2014 by the learned 7 th Additional Sessions Judge, Banaskantha (hereinafter referred to as "the appellate court"), wherein the appeal preferred by the State was rejected and the accused came to be acquitted from the offences leveled against them.

(2.) The brief facts leading to the filing of the present revision application are that the complainant, namely Shantaba Balwantsinh Vaghela had filed a complaint on 26/6/2013, which was registered as C.R.No.I-68/2013 for the offences punishable under Ss. 323, 324, 504 and 506(2) of the Indian Penal Code (hereinafter referred to as "the IPC"). The allegations leveled against the accused were that there was an altercation between the present applicant and the complainant, during which injuries were inflicted upon the complainant. In view of the same, offences under Ss. 323 and 324 of the IPC were leveled against the applicant herein. Pursuant to the registration of the First Information Report, the investigating officer had concluded the investigation and filed the charge- sheet before the trial court. Pursuant to filing of the charge- sheet, a criminal case was registered before the learned trial court as Criminal Case No.4989 of 2013. The learned Judicial Magistrate First Class, Palanpur (hereinafter referred to as "the trial court") by way of judgment and order dtd. 17/6/2014 had acquitted the respondent by giving the benefit of doubt.

(3.) Though Rule has been served upon the respondent, no one remained present on behalf of the respondent.