RAMSINH KALYANJI BIHARI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present revision application under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 is preferred, inter alia, challenging order dtd. 7/12/2016 passed by learned 3rd Additional Sessions Judge, Gandhidham - Kachchh (hereinafter referred to as 'the appellate Court') in Criminal Appeal No. 01 of 2013 confirming the order dtd. 4/12/2012 passed by 4th Additional Chief Judicial Magistrate, Gandhidham- Kachchh (hereinafter referred to as 'the trial Court') in Criminal Case No. 1406 of 2004.

(2.) The facts leading to filing of the present revision application is that one Kasam Kherudin Maniyar filed a complaint on 21/4/2004 at 00:45 hours, before the Gandhidham Police Station, which came to be numbered as C.R. No. I-159 of 2004 for the offences punishable under Sec. 323, 324, 504, 506(2) and 114 of the Indian Penal Code, 1860.

(3.) It was the case of the prosecution that on 20/4/2004 at around 18:30 hours, applicant and other accused had abused, accused and beaten as well as threatened the complainant which resulted into injuries being inflicted to the complainant. The applicant and other accused persons were arrested on 22/4/2004. On 13/6/2004, charge-sheet was filed. Subsequent to filing of charge- sheet, charges came to be framed and trial in Criminal Case No. 1406 of 2004 came to be conducted.