DALJITBHAI MARTAJI DAMOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present revision application is preferred under Sec. 397 read with Sec. 401 of the Criminal Procedure Code, 1973 (hereinafter referred to as "the Code") assailing the correctness and validity of judgment and order of acquittal passed by the learned 6th (Ad-hoc) Additional Sessions Judge, Idar (hereinafter referred to as "the Appellate Court") dtd. 30/6/2016 in Criminal Appeal No.35 of 2012, which inter alia quashed the judgment and order of conviction dtd. 25/6/2012 passed by the learned Judicial Magistrate First Class, Vijaynagar (hereinafter referred to as "the Trial Court") in Criminal Case No.485 of 1994.

(2.) The brief facts leading to the filing of the present revision application are that the present revisionist applicant is the original complainant. It is the case of the applicant that on 1/9/1994, he had come to his village Chithoda from Baroda in the afternoon at around 4.00 p.m. and was going to his field. At that time, respondent Nos.2 to 5 (hereinafter referred to as "the respondents") started abusing and thereafter threw stones to assault the applicant. It is further the case of the applicant that the stone thrown by respondent No.2 - Vikram Lalji caused injury on the left knee of the applicant. As the mother of the applicant reached at the place of incident, all the respondents ran away. Thereafter, on 3/9/1994 in the morning at around 7.30 a.m., the applicant with his minor son Mukeshkumar were going to Vijaynagar, when all the four accused came out of a field where they were hiding and started assaulting the applicant with sticks as well as by throwing stones. At that time, the applicant received injuries on the forehead above the left eye, on the lower part of the right hand, on the left hand and other parts of his body. He further started shouting and therefore, his mother as well as two witnesses reached the place incident and saw the accused running away. He was admitted in the hospital on 3/9/1994 and stayed as an indoor patient till 7/9/1994. Thereafter, he was referred to Himatnagar Civil Hospitals for further treatments. On 7/9/1994 First Information Report came to be lodged by the applicant, being II- C.R.No.97/1994 registered with Vijaynagar Police Station on 3/9/1994. Pursuant to the registration of the First Information Report, the investigation was carried out and the charge-sheet came to be filed against the respondent before the Trial Court. The criminal case came to be registered as Criminal Case No.485 of 1994. By way of judgment and order dtd. 25/6/2012, the Trial Court found the respondents guilty of offences punishable under Sec. 325 read with Sec. 114 of the Indian Penal Code (hereinafter referred to as "the IPC ") and convicted and sentenced them to 2 years simple imprisonment along with a fine of Rs.2,000.00. However, the respondents were acquitted from offence punishable under Ss. 323 , 504 and 427 of the IPC read with Sec. 135 of the Bombay Police Act (hereinafter referred to as "the B.P.Act").

(3.) Heard Ms. Dilbur Contractor, learned advocate appearing with Mr. Hasmukh A Shah, learned advocate for the applicant, Mr. Utkarsh Sharma, learned Additional Public Prosecutor for the State - Respondent and Mr. Vishal K. Anandjiwala, learned advocate appearing for the respondent Nos. 2 to 5.